
















































INTRODUCTION 


TO THE 

SCIENCE OF GOVERNMENT, 


AND 


COMPEND OF THE CONSTITUTIONAL AND 
CIVIL JURISPRUDENCE OF THE 
UNITED STATES; 


WITH A BRIEF 


TREATISE ON POLITICAL ECONOMY. 


DESIGNED FOR THE USE OF FAMILIES AND SCHOOLS. 


BY ANDREW W. YOUNG. 


THIRD EDITION. 

ALBANY: 
PUBLISHED BY W. C. LITTLE. 

BUFFALO: 

STEELE AND PECK. 



1839 . 






T K 2. ^ 1 

y- 



[Entered according to the Act of Congress, in the year 1839, by 
Warren Webster, in the Clerk’s Office of the District Court of 
the Northern District of New-York.] 




STEREOTYPED BY R. C. VALENTINS, 
45 GOLD-STREET, NEW-YORK. 








I 


1*0,3 


PREFACE. 


It is the peculiar fortune of the people of the United 
States, to live under a government that secures to them, 
in an extraordinary degree, the blessings of civil and reli¬ 
gious liberty. It is believed that no other form of govern¬ 
ment is capable of conferring upon its citizens an equai 
amount of happiness. 

Under our constitution, sovereignty resides with the 
people : in other words, they have the power of governing 
themselves. Consequently, it is of the first importance, that 
the depositories of political power should know how to apply 
this power intelligently and judiciously. The power to 
make and to administer the laws, is delegated to the repre¬ 
sentatives and agents of the people; the people should there¬ 
fore be competent to judge when, and how far, this power is 
constitutionally and beneficially exercised. 

Distinguished as the American people are for their com¬ 
parative general intelligence, a large portion of them, it 
must be confessed, are greatly wanting in political know¬ 
ledge. And while so many books have been prepared to 
facilitate the means of instruction, and so much has been 
done in various ways to promote the interests of education 
generally, it is remarkable that the science of government 
has received so little attention. 

Multitudes in this republic are annually arriving at that 
period of life, when they are to exercise, for the first time, 
their privileges as citizens. In the state of New York 
alone, the number is about fifteen thousand , and is com¬ 
posed, chiefly, of those whose education does not embrace 
even the first principles of political science. It is not to 



4 


PREFACE. 


be expected that political power, in such hands, can be ex¬ 
ercised with safety to the government, or with benefit to the 
community. 

In the education of youth for the business of life, it seems 
almost to be forgotten, that they are ever to assume the 
duties of citizens —duties of paramount importance, on the 
due performance of which, their individual happiness, as 
well as the happiness and prosperity of the nation, mainly 
depends. 

The following just and forcible observations, are from a 
late report of the superintendent of common schools of the 
state of New York. They are entitled to the consideration 
of every citizen of this republic: 

«On our common schools we must rely to prepare the 
great body of the people for maintaining inviolate the 
rights of freemen. If the political fabric cannot find in 
the public intelligence, a basis broad and firm enough to 
uphold it, it cannot long resist the shocks to which, through 
the collision of contending interests, it is continually ex¬ 
posed. Forty-nine out of every fifty of our citizens, re¬ 
ceive their education in the common schools. As they 
advance to manhood, they are, for the most part, devoted 
to manual employments. Looking to their own industry 
as their only resource, and to its fruits as the boundaries 
of their personal desires, the object nearest their hearts is 
to see their country prosperous, the laws administered with 
order and regularity, and the political importance, which 
the constitution has secured to them, maintained undimin¬ 
ished. The controversies to which conflicting interests 
give birth, are to be put at rest by their decision. In the 
questions of policy which are presented to them, consti¬ 
tutional principles are frequently involved, and the relation 
they bear, and may in all future time bear to the govern¬ 
ment, is directly or indirectly affected. How important is 
•it that their decisions should be as enlightened as they will 
be honest; that with every motive to be upright and con¬ 
scientious in the exercise of their political rights, they should 
combine also the capacity to maintain them with indepem 
deuce and discretion! If they shall ever cease to bring to 


PREFACE. 


5 


the settlement of these great questions a sound and en¬ 
lightened discrimination, they cannot fail to become the 
dupes of artful leaders, and their country a prey to internal 
discord. From the genius of our political institutions, 
popular education is our only security against present and 
future dangers. Ignorance is said to be the parent of vice. 
With us it would also be the parent of those fatal disorders 
in the body politic, which have their certain issue in 
anarchy.” 

In presenting this work to the public, the compiler intends 
to supply, in some measure, a deficiency that has too long 
existed in the course of education in this country. Several 
excellent treatises on the principles of government, and con¬ 
stitutional jurisprudence, have been published within a few 
years. But it is believed that of those which are intended 
as class books, none are, in all respects, well adapted to the 
use of our common schools. 

But it is not for common schools exclusively, that this 
work is intended. It is believed that there are individuals 
in almost every family, who will find in it much valuable 
information to which they have not before had access. 

The author has endeavored, throughout the work, to 
present each subject in a plain and familiar style ; and it is 
believed the language will be found sufficiently intelligible 
to those who are of suitable age and capacity to be benefited 
by the study of this science. And he would here take oc¬ 
casion to remind the reader or student of the importance 
of referring to his dictionary for the definition of such words 
as he does not understand. Much of the advantage of 
reading is often lost, especially to young persons, by the 
neglect of this practice. 

The questions relating to the several sections, are deemed 
useful in exercising the pupil. A few only are inserted, 
leaving it to the teacher to add such further interrogatories 
as he shall find necessary. Teachers will also find occasion 
to tax their own resources, in enlarging upon and illustrating 
the several subjects, which could not be fully treated, without 
swelling the work to an improper size. 

Originality in a work of this kind is hardly to be expected. 

1 * 


6 


PREFACE. 


Whatever of merit, therefore, may be awarded to this un¬ 
pretending volume, is chiefly due to other and abler authors. 
Among the works to which the compiler is indebted, he 
would particularly mention, Sullivan’s «Political Class 
Book,” Chipman’s «Principles of Government,” Duer’s 
“ Outlines of Constitutional J urisprudence,” and the invalua¬ 
ble “ Commentaries” of Story and Kent. 

With the hope that this treatise, notwithstanding its im¬ 
perfections, will be found in some degree useful, it is re¬ 
spectfully offered to the patronage of a liberal community. 

Warsaw , Oct . 1835. 


ADVERTISEMENT 


TO THE 

THIRD EDITION. 


Two editions of this work have been published, and 
disposed of principally in a few of the western counties of 
the state of New-York. Its favorable reception has indu¬ 
ced the compiler to revise and essentially alter it, with a 
view to a more extended circulation. The former editions 
were designed more particularly for the state of New- 
York: the present edition is adapted to the states in gen¬ 
eral. 

The several clauses of the constitution are introduced 
in the order in which they occur in that instrument, and 
copied in full. They are made conspicuous by being en¬ 
closed in double commas ; and the number of the article, 
section, and clause is affixed to each. Thus, although 
the several clauses are separated from each other by in¬ 
tervening commentaries, any part of the constitution may 
be readily referred to. 

It will be seen that similar subjects occur in different 
parts of the work; and that reference is made from sec¬ 
tions in one part, to sections in another, where the same 
subject is considered. The reader-will, in most cases, be 
benefited by examining the sections referred to. 

The science of Political Economy is an essential part 
of education, and is beginning to receive that attention 
which its importance demands. Being nearly allied to the 
science of government, it was deemed proper to give the 



8 advertisement to the third edition. 

subject a place in this work. Without a knowledge of 
this science, no person can perform, efficiently, the duties 
of a legislator, nor even those of a private citizen. 

The treatises on economy which the compiler has con¬ 
sulted, are Smith’s Wealth of Nations, and the works of 
Say and Wayland. He has not, however, on all subjects 
adopted the opinions of these authors. 

It is to be remembered that this work is, as its title de¬ 
notes, an “ introduction ” to political science, being intend¬ 
ed to teach elementary principles, rather than to settle 
questions on which the most eminent statesmen and econ¬ 
omists are divided. Most of these controverted questions 
have therefore been avoided. The few, however, which 
have been introduced, have been freely discussed; and 
antagonist reasons have been stated, that the political stu¬ 
dent may be enabled to form intelligent opinions on sub¬ 
jects of public concern. It was considered inexpedient to 
keep altogether out of view those arguments which he 
will hereafter be called to meet in the discharge of politi¬ 
cal or legislative duties. 

It has been a prominent object of the author, to impress 
upon the public mind a due sense of the value of our re¬ 
publican institutions, while he has endeavored to illus¬ 
trate clearly the principles upon which they are founded. 
If the attempt shall prove successful, he will consider his 
labors amply rewarded. And he indulges the hope that 
this volume, in its amended and improved form, will be 
acceptable to the public. 

October , 1839. 


CONTENTS, 


PART I. 

Principles of Government . 

CHAPTER I. Government.—Capacity of Man for Society, and Pa £« 

for Civil Government.... 13 

CHAP. II. Human Rights.—Natural, Civil, Political, and Re- 

ligious Rights and Liberty. .. . 15 

CHAP. III. Laws.—The Law of Nature—Law of Revelation— 

Municipal Law—Law of Nations. 19 

CHAP. IV. Different Forms of Government. 22 

CHAP. V. Of Sovereignty—and of the Separation and Distri¬ 
bution of the Political and Civil Powers. 25 

CHAP. VI. The Manner in which Political Power is exercised.. 29 
CHAP. VII. To whom the Exercise of Political Power ought to 

be intrusted. 31 

CHAP. VIII. Legislative Power.—Organization and Division of 

the Legislature. 34 

CHAP. IX. Manner of Enacting Laws. 38 

CHAP. X. Executive Power. 41 

CHAP. XI. Judicial Power. 45 

CHAP. XII. Organization and Powers of Courts of Justice. 50 

CHAP. XIII. Institution of Juries. 54 

CHAP. XIV. Taxation.—Direct and Indirect Taxes. 57 

PART II. 

Government of the United States. 

CHAP. I. Settlement and Government of the Colonies. 61 

CHAP. II. Causes of the Revolution—Independence declared— 
Confederation—Adoption of the Constitution. 68 


















10 CONTENTS. 

CHAP. III. Nature and Objects of the Union under the Con¬ 
stitution. ^ 

CHAP. IV. Legislative Department—House of Representatives.. 79 

CHAP. V. The Senate. 86 

CHAP. VI. Elections—Meetings of Congress—Powers and Priv¬ 
ileges of both Houses—Passing Bills.». 92 

CHAP. VII. Powers of Congress.—Taxes, Duties, &c. 100 

CHAP. VIII. Power to borrow Money—Payment of the Public 

Debt. 105 

CHAP. IX. Regulation of Commerce. 108 

CHAP. X. Commerce continued—Navigation. 113 

CHAP. XI. Naturalization of Aliens—Bankruptcy. 118 

CHAP. XII. Money—Weight and Measures. 123 

CHAP. XIII. Post Offices and Post Roads. 127 

CHAP. XIV. Patents and Copy Rights. 131 

CHAP. XV. Piracies, Felonies, and Offences against the Law of 

Nations. 136 

CHAP. XVI. Declaration of War—Marque and Reprisal—Cap¬ 
tures—Army and Navy. 139 

CHAP. XVII. Local Jurisdiction—District of Columbia, and 

other National Property. 143 

CHAP. XVIII. General Power to make all Necessary Laws. 146 

CHAP. XIX. Restrictions on the Powers of Congress. 149 

CHAP. XX. Restrictions on the Powers of the States. 152 

CHAP. XXI. Executive Department.—Term of Office, and Elec¬ 
tion of President and Vice President... 155 

CHAP. XXII. Qualifications and Compensation of President and 

Vice President. 160 

CHAP. XXIII. Powers and Duties of the President. 163 

CHAP. XXIV. Executive Auxiliaries.—Department of State— 
of the Treasury—of War—of the Navy—Attorney General... 169 
CHAP. XXV. Judical Department.—Organization and Powers 

of the several Courts. 173 

CHAP. XXVI. Treason. 178 

CHAP. XXVII. Effect of State Records—Privileges of Citizens—* 
Arrest of Fugitives—Admission of States—Disposal of Public 
























CONTENTS. 


11 


Property—Guaranty of Republican Form of Government to 

the States...;. 180 

CHAP. XXVIII. Provision for Amendments—Assumption of the 
Public Debt—Supremacy of the Constitution—Oaths and 

Tests—Ratification of the Constitution . 183 

CHAP. XXIX. Amendments to the Constitution. 187 

PART III. 

.Civil Jurisprudence of the United States. 

CHAP. I. Rights of Persons.—Absolute Personal Rights. 193 

CHAP. II. Domestic Relations.—Husband and Wife . 198 

CHAP. III. Parent and Child—Infants—Guardian and Ward— 

Master and Apprentice—Hired Servants. 202 

CHAP. IV. Right of Property.—Real Property. 205 

CHAP. V. Personal Property—Contract of Sale. 209 

CHAP. VI. Bailment. 214 

CHAP. VII. Principal and Agent—Partnership. 216 

CHAP. VIII. Bills of Exchange—Promissory Notes. 220 

CHAP. IX. Rights of Landlord and Tenant. 225 

CHAP. X. Crimes and their Punishment. 231 

PART IY. 

Political Economy. 

CHAP. I. Definition of the Term.—Utility of the Science. 237 

CHAP. II. Production.—Definition of Terms. 239 

CHAP. III. The different kinds of Industry, and their Concur¬ 
rence in Production. 242 

CHAP. IV. Capital—Its necessity in Production. 247 

CHAP. V. The use of Natural Agents in Production. 249 

CHAP. VI. Division of Labor. 254 

CHAP. VII. Division and Security of Property, an Encourage¬ 
ment to Industry. 260 

CHAP. VIII. The Encouragement of Domestic Industry by 
Protective Duties..,..,.«.... .... .. 263 























12 


CONTENTS. 


CHAP. IX. The Encouragement of Domestic Industry by Pro¬ 
tective Duties, continued..... 266 

CHAP. X. The Encouragement of Domestic Industry, continued. 

—Origin of the Protective System in this country. 271 

CHAP. XI. Effects of the Protective System of this Country.... 277 
CHAP. XII. Effects of Internal Improvements on Productive 

Industry. 281 

CHAP. XIII. Exchange.—The Advantages of a Division of 

Labor in Exchange, and of the Frequency of Exchanges. 284 

CHAP. XIV. Origin of Money, and its Utility in Exchange. 288 

CHAP. XV. Sundry Facts concerning Money.'.. 292 

CHAP. XVI. The Nature and Utility of Banks.—Banks of De¬ 
posit and Exchange. 295 

CHAP. XVII. Banks for Discounting Bills and Notes, or for 

Loaning Money. 299 

CHAP. XVIII. Banks of Deposit, Discount, and Circulation, 

and of Paper-Money... 302 

CHAP. XIX. Distribution.—Wages, or the Price paid for Labor.. 308 
CHAP. XX. Interest, or the Price paid for the Use of Capital.— 

Rent of Land...... 312 

CHAP. XXI. Consumption.—Individual Consumption. 318 

CHAP. XXII. Public Consumption. 322 

The Declaration of Independence. 328 















PART FIRST. 

PRINCIPLES OF GOVERNMENT. 


CHAPTER I. 

Government.—Capacity of Man for Society, and for Civil 
Government. 

t A/t 

§ 1. Government is the exercise of authority, or direction 
and restraint exercised over the actions of men. In a polit¬ 
ical sense, it signifies that form of fundamental rules by 
which a nation or state is governed, or by which the mem¬ 
bers of a body politic are to regulate their social actions. 
It means also the administration of public affairs, according 
to established constitutions, laws, and usages: and some¬ 
times it signifies the persons or officers who make and ad¬ 
minister the laws of a state or nation. 

§ 2. Government presupposes that man is a social being. 
He is fitted, by the laws of his nature, for society and for 
civil government and laws. The Creator has so formed 
man, that he is dependent upon his fellow man. He stands 
in need of the assistance of creatures like himself, to pre¬ 
serve and protect his own being, and to enjoy the life of a 
rational animal. Nature has given to men the advantages 
of reason and speech, or at least the faculty of acquiring 
them by intercourse with their fellow beings. By con¬ 
versing with each other, they are enabled to improve their 
reason and knowledge, and to find methods of supplying 
their wants, without that natural strength which is given to 
other animals. 

§ 3. That mankind are by nature designed for society, 
may be inferred also from their disposition to associate with 


Exercises. —§ 1. What is government ? § 2, 3. Wherein consist 

13 




14 


PRINCIPLES OF GOVERNMENT. 


each other. This natural appetite or propensity for asso¬ 
ciation, and the pleasure which is derived from it, are com¬ 
mon to all mankind. Without society, man would be desti- 
tiite of rational enjoyment. 

§ 4. Man is also fitted, by nature, for civil government 
and laws. He is capable of discerning his own wants and 
the wants of others. He has the faculty of acquiring a 
knowledge or perception of what is morally right or wrong, 
and a sense of obligation to do what is right, and to forbear 
to do what is wrong. His reason enables him to under¬ 
stand the meaning of laws, and to discover what laws are 
necessary to regulate human actions. 

§ 5. Some have supposed that the savage or uncivilized 
state is capable of affording the highest degree of happiness; 
that the social improvements and civil government encou¬ 
rage vice, and cause the evils which exist in society. It is 
believed by others, that laws are necessary only to restrain 
the evil passions of men, and to prevent the miseries which 
they are prone to inflict upon each other: consequently, 
were all men virtuous and purely benevolent, laws for their 
government would be wholly unnecessary. If, however, it 
be admitted, that mankind are by nature formed for society, 
it is reasonable to conclude, that laws of some kind are 
necessary to regulate their social actions, and to secure to 
them the enjoyment of their natural rights, how virtuous 
soever they may be. 

§ 6. Whatever may be true in respect to these several 
opinions, it must be admitted, that man is imperfect and 
fallible; and, being capable of vicious as well as virtuous 
actions, he is liable to deviate from the rule of rectitude, and 
to infringe the rights of others. So that, whether his trans¬ 
gression be the result of his ignorance, of the weakness of 
his judgment, or of the wickedness of his disposition, laws 
are necessary to prevent him from disturbing the happiness, 
or from injuring the person or property, of his neighbor. 

§ 7. Hence, mankind have, from an early period, formed 
themselves into political communities, or bodies politic. A 

man’s qualifications by nature for society ? § 4. Wherein consists his 

capacity for civil government ? § 5. What different opinions prevail 

concerning the effect of the social improvements and of laws upon 
mankind ? § 6. Why are laws necessary ? § 7. How are mankind 



RIGHTS AND LIBERTY. 


15 


community is a society of people living under the same laws 
and regulations, and having common rights and privileges; 
as a commonwealth, state, or nation. A body 'politic , or 
corporation, means a number of persons formed or incorpo¬ 
rated into one body, with the power of acting under one 
name. The word, corporation, is derived from the Latin, 
corpus , signifying body. A corporation has a perpetual 
succession. When the persons which constitute a corpora¬ 
tion have passed off, and their places been taken by others, 
the corporation still exists. Every state, county, or town, 
as well as every bank or railroad company, authorized by 
law to act as a single person, is a corporation. 


CHAPTER II. 

Human Rights .— Natural, Civil, Political, and Religious 
Rights and Liberty. 

§ 8. Government is founded in the rights of man. To 
secure the free enjoyment of these rights is the proper 
object of civil institutions. Right, in the sense in which it 
is here used, means the just claim, ownership, or lawful title, 
which a person has to any thing. Thus, a man has a right 
to the money or other property which he has earned by his 
labor, because he may dispose of it as he chooses. He has 
a right to his own body and mind : he may act and think as 
he will; provided, however, that he does not injure others; 
for all men have the same rights; and no person has the 
right to disturb another in the peaceable enjoyment of his 
natural rights. 

§ 9. The object and origin of good government are cor¬ 
rectly stated in the American Declaration of Independence; 
which declares, “ that all men are endowed by their Creator 
with certain unalienable rights; that among these are life. 


associated for the purposes of government ? Define communities and 
bodies politic. 

§ 8. What is the meaning of right ? § 9. What is the object of good 




16 


PRINCIPLES OF GOVERNMENT. 


liberty, and the pursuit of happiness: that to secure these 
rights, governments are instituted among men, deriving their 
just powers from the consent of the governed; and that, 
when any form of government becomes destructive of these 
ends, it is the right of the people to alter or abolish it, and 
to institute a new government, laying its foundation on such 
principles, and organizing its powers in such form, as to 
them shall seem most likely to effect their safety and happi- 
ness.” 

§ 10. The rights of mankind are variously denominated: 
first, natural rights ; secondly, political rights; and thirdly, 
civil rights. Natural rights are those which are founded in 
the laws of our nature ; and are said to consist in the right 
of personal liberty, or the right to be free in our persons or 
bodies, and to use them as we think fit; in the right of per. 
sonal security, which is the right to be protected against 
injury to our bodies or good name; and in the right of 
property, the right to enjoy and dispose of whatsoever be. 
longs to us, as we think proper. These rights are also 
called unalienable, as they cannot be alienated, or justly 
taken from us. They may, however, be forfeited by crime. 
A man may be deprived of his liberty, to prevent his injuring 
others ; and he may be justly fined or imprisoned for crimes 
committed against the good and wholesome laws of the 
community. 

§ 11. Political rights are defined to be the rights and 
powers retained by the people in the constitution or funda¬ 
mental law of the state. The right of electing or appointing 
the officers of the government, and the power of altering or 
amending the constitution, are rights conferred by the con¬ 
stitution, and are therefore called political rights. The dis¬ 
tinction between political and civil rights is not made by all 
political writers. There is, however, an obvious distinction, 
which will be made more clearly to appear from the defini¬ 
tion given, in another place, of the political and civil powers 
of government. (§ 41-47.) 

§ 12. Civil rights are those which are secured to citizens 


government? § 10. How are the various classes of human rights 
denominated? What are natural rights? §11. What are political 
rights ? § 12. What are civil rights ? What is meant by the civil 



RIGHTS AND LIBERTY. 


17 


by the civil compact. By civil compact is meant the agree¬ 
ment or contract, by the terms of which the members of a 
community are governed. The rights of personal liberty, 
personal security, and of private property, though denomi¬ 
nated natural rights because they originate in the laws of 
social nature, are, when we speak of them as being guaran¬ 
tied by civil laws, properly called civil rights. 

§ 13. Liberty , in a general sense, is freedom from re¬ 
straint, and is applicable to the body, will, or mind. It 
consists in the free exercise and enjoyment of one’s rights; 
or in being free to act and think as he pleases. There is 
this difference between right and liberty: Right respects 
the claim or title which a person has to a thing; liberty, the 
free use and enjoyment of that right. A man’s liberty may 
be destroyed; but his right to freedom will still remain. 
His property may be wrested from him; but his right to the 
same will not thereby be lost. 

§ 14. Natural liberty consists in being free to act without 
constraint, except that which is imposed by the laws of social 
nature : or, moral or natural liberty is the permission which 
nature gives to all mankind of disposing of their persons and 
property in the manner they shall judge most consonant to 
their own happiness; on condition that they act according 
to the laws of nature; that they do not abuse this liberty to 
the injury of other men; and that they practise towards 
others those moral duties which these laws enjoin. 

§ 15. It is a common sentiment, that mankind, in a state 
of civil society, do not enjoy natural liberty to its full extent. 
They imagine it to be that liberty which gives rein to the 
wicked passions of men, and leaves them free to pursue 
their own interest and happiness, to the prejudice of other 
men. Hence, it is maintained, that, on entering into civil 
society, man gives up a portion of his natural liberty, and 
of. his natural rights. But the correctness of this sentiment 
does not clearly appear. If man be, by the laws of his 
nature, constituted a moral and social being, he can have 
no natural right to injure himself or others. Natural liberty 
accords with the principles of justice, which require every 


compact? § 13. What is liberty ? § 14. Wherein does natural liberty 
consist ? § 15. Does natural liberty imply the right of man to injure 
2 * 


2 



18 


. PRINCIPLES OF GOVERNMENT. 


man to love his neighbor as himself, and to seek the happi¬ 
ness of eveiy other member of society as carefully as he 
seeks his own. 

§ 16. Civil liberty is the liberty of men, in a state of so¬ 
ciety, to exercise and enjoy civil rights—rights guarantied 
by civil institutions. It is the liberty which a man enjoys, 
as a member of society, restrained by laws so far only as is 
necessary and expedient for the general advantage of the 
public. Civil liberty can exist in perfection only under laws 
which secure, in the highest degree possible, the welfare and 
happiness of the whole community. 

§ 17. Political liberty is sometimes improperly spoken of 
as synonymous with civil liberty. But, though often con¬ 
founded, these terms are distinct in their meaning. Poli¬ 
tical liberty denotes the free exercise and enjoyment of 
political rights and powers reserved to the people by the 
fundamental laws, the constitution of the state. It is by 
this liberty that the civil and religious liberties of the citizens 
of a nation or state are secured to them. 

§ 18. Among the most important rights of mankind, is 
the right of opinion. This is a natural right; and, in all 
free governments, is secured by the civil and political laws. 
Hence, it is also called a civil and political right. It is the 
right which a man has to express and to publish his religious 
opinions, and his opinions on all subjects relating to the 
government. In exercising this right, however, he may not 
violate the rights of others, or disturb the good order of so¬ 
ciety. The right of a person to act agreeably to his reli¬ 
gious opinion, is called the right of conscience; and his free¬ 
dom to exercise and enjoy this right, is denominated religious 
liberty. This liberty, called also the liberty of conscience, 
is defined to be “ the liberty which a man has of discussing 
and maintaining his religious opinions, and of worshiping 
God in that way and manner which he believes in his con¬ 
science to be most acceptable to his Maker.” The liberty 
of speech and of the press, and the liberty of conscience, are 
duly guarantied to the people of the United States. 


his fellow man ? § 16. What is civil liberty ? § 17. What is political 
liberty ? § 18. What is understood by the right of opinion ? What 
particular rights does it include ? What is religious liberty ? 




THE NATURE OF LAWS. 


19 


CHAPTER III. 

Laws. — The Law of Nature-—Law of Revelation — Munici¬ 
pal Law—Law of Nations . 

§ 19. Law, in its widest sense, signifies a rule of action, 
and is applied to all kinds of action, whether animate or 
inanimate, rational or irrational. According to established 
principles in nature, all matter tends to decay; all ponderous 
bodies determine towards the centre of the earth; heat and 
moisture promote the growth of pla'nts. This invariable 
tendency of all species of matter to certain motions, changes, 
and relations, as well as those which govern human conduct, 
are called physical laws, or the laws of nature. Law , in a 
more limited sense, denotes the rules of human action; the 
precepts by which man, as a moral, social, and accountable 
being, is commanded to regulate his behavior. 

§ 20. The law of nature , as applied to man, is a rule of 
action arising out of the natural relations which he sustains 
to his Creator and to his fellow men. As a creature, he 
must be subject to the laws of his Creator, on whom he is 
dependent. The will of the Creator is his law, and is called 
the law of nature. This law is founded in those relations 
of justice which existed in the nature of things prior to any 
positive precept; that is, it is a perfect rule for all rational 
and moral beings, and is right in itself, without depending 
on any positive command to make it so. It is that eternal 
law of right to which God himself conforms. Man, as a 
social being, is subject to the same law. He is in a mea¬ 
sure dependent on his fellow beings. All men being created 
equal, each is bound by the unchangeable principles of natural 
justice, to render to all others that assistance which is neces¬ 
sary to make them as happy as himself. 

§ 21. The law of revelation is that which is found in the 
Holy Scriptures, in which Divine Providence has directly 
revealed his will to mankind. This law is designed to aid 
man, in his present imperfect state, in acquiring a know- 


§ 19. What is law ? § 20. What is meant by the law of nature ? 
$ 21. What is the law of revelation ? What is the tendency of these 



PRINCIPLES OF GOVERNMENT. 


20 

ledge of his duty to his Maker, and to his fellow men. Tins 
revealed or divine law agrees with the original law of nature. 
Both originate from the same source, are equally binding, 
and tend alike to promote the good of mankind. All human 
laws derive their force from the laws of nature and revela, 
tion; and so far as they are contrary to the natural or divine 
law, they are not morally binding upon men. 

§ 22. Law, as the word is generally used, has reference 
to the government of men as members of the body politic; 
and signifies an established rule, prescribed by a competent 
authority in the state, commanding what its citizens are to 
do, and prohibiting what they are not to do. As it is de¬ 
signed to regulate the conduct of the members of a com¬ 
munity, and to secure to them their civil rights, it is called 
municipal, or civil law. Civil law originally signified the 
Roman law ; and it is sometimes still used to designate that 
law. Municipal, derived from a Latin word, had reference 
to the particular customs of a single municipium , or free 
town; but it is now, with sufficient propriety, applied to a 
state or nation governed by the same laws and customs. 

§ 23. Of municipal or civil law there are two kinds ; the 
written law, and the unwritten or common law. A written 
law is a law or rule prescribed or enacted by authority, and 
published and recorded in writing. It means nearly the 
same as statute. Statute is usually applied to acts of a legis¬ 
lative body consisting of representatives. In a monarchy, 
the laws of a sovereign are called edicts, decrees, ordinances. 
The common law is not written: it is founded on the prin¬ 
ciples of justice, and derives its binding force from long 
usage, established customs, and the consent of the nation. 
The common law of England was brought hither by our 
ancestors; and it is still the law of this country, except such 
portions as have been repealed by positive enactments or 
statutes. 

§ 24. As all mankind cannot be united in a single com¬ 
munity, they must necessarily divide into many, and form 
separate states and nations, independent of each other, and 


laws ? § 22. To what has law generally reference ? What is it called 
when used in this sense? §23. Define written law, and common 
law. § 24. What is meant by the law of nations ? Whence arises 



THE NATURE OF LAWS, 


21 


yet, of necessity, maintaining a mutual intercourse. Hence 
arises another kind of law, called the law of nations. The 
laws of nations are those rules by which nations regulate 
their conduct towards each other. Writers on the laws of 
nations have divided them into three kinds : the natural, the 
conventional, and the customary laws of nations. 

§ 25. The natural law of nations is the law of nature ap- 
plied to nations or states as moral persons. It is also called 
the necessary law of nations, because nations are absolutely 
obliged to observe it; and it is called the internal law of 
nations from its being binding on the conscience. The law 
of nature applied to the affairs of nations, as well as when 
applied to the affairs of individual persons, aims at the 
general good of mankind. It requires each nation to do for 
others what their necessities demand, and what it is capable 
of doing, without neglecting the duties it owes to itself. 

§ 26. But there are cases in which the law of nature is 
not applicable to states as to individuals. The individual 
members of a community are associated for their mutual 
benefit, under laws by which they agree to be governed. 
But as nations are independent of each other, each is the sole 
judge of its rights, and of the means and manner of obtain¬ 
ing satisfaction for injuries done by others. In disputes be¬ 
tween two nations, each may judge for itself what its duty 
requires; and no other has a right to interfere otherwise 
than by peaceably endeavoring to reconcile the parties. 

§ 27. A law of nations is conventional , when it is estab¬ 
lished by leagues or treaties. A convention is an assembly 
of persons who meet for civil or political purposes. Any 
agreement or contract between nations is deemed conven¬ 
tional, even though entered into without a formal meeting. 
A treaty is a bargain or contract between nations, by which 
they mutually promise to regulate their intercourse. This 
agreement is made by one or more persons appointed by 
each party, who meet for the purpose ; and it becomes bind¬ 
ing whenever it shall have been sanctioned or ratified by the 
governments of the respective parties. 


their necessity ? § 25. What is the natural law of nations ? § 26. Why 
is not the law of nature in all cases applicable to states as to indivi¬ 
duals ? § 27. When is the law of nations called conventional ? What 



22 


PRINCIPLES OF GOVERNMENT. 


§28. The customary law of nations is founded on usages 
and customs which have been long observed, and tacitly 
consented to, by nations. Any custom that has thus become 
established by long usage, is deemed binding upon all who 
have adopted it, until they expressly declare that they will 
no longer adhere to it. But no custom, however long ob¬ 
served, can have any binding effect, if its observance re¬ 
quire the violation of a natural law; and such custom should 
be abandoned. 


CHAPTER IV. 

Different Forms of Government. 

§ 29. The design of every government is, or ought to be, 
to promote, in the highest degree, the general happiness and 
welfare of its citizens; and that must be considered the best 
form of government, which, when well administered, con¬ 
duces most to this end: and from what has been said in the 
preceding chapters, it may be concluded, that this object is 
most nearly attained, when the members of a community 
enjoy the greatest freedom in the exercise of their natural 
rights. Very few, however, of the governments which have 
hitherto existed, have been well adapted to this purpose. 

§ 30. Every government of which we have knowledge, is 
in some respects different from every other; though some 
writers have reduced all governments into three classes, 
monarchy, aristocracy, and democracy. But as these seve¬ 
ral forms of government have undergone material changes ; 
and as in many of them some of the principles of each of 
these kinds of government are combined ; a regular classi¬ 
fication of them is perhaps impossible ; and it cannot be very 
important. Governments may, however, be said to be either 
arbitrary , as when supreme or absolute power is exercised 


if? a convention ? A treaty ? § 28. What is meant by the customary 

law of nations ? How long is it binding ? 

§ 29 What ought to be the design of every government 7 $ 30 




FORMS OF GOVERNMENT. 


23 


by one man or a single body of men; free , as when the 
people govern themselves; or mixed , when the powers of 
government are divided between a king or other privileged 
persons, and men who are elected by the common people to 
represent them. 

§ 31. A monarchy is a state or government in which 
supreme power is lodged in the hands of a single person. 
Such a state is usually called a kingdom, or an empire. 
This name is generally given to a large state only. The 
name of monarchy is sometimes applied to a state or 
kingdom, in which the chief magistrate has not supreme 
power; but in which he is limited by a constitution or laws. 
Hence we speak of despotic or absolute monarchies , and of 
limited or mixed monarchies . 

§ 32. In a despotism , absolute power is exercised by one 
man, who has no guide but his own will. Despot is a word 
of Greek origin, signifying master, or lord. At a later 
period it became an honorary title, given by the Greek 
emperors to their sons and sons-in-law, when governors of 
provinces. At present it means an absolute ruler, as the 
emperor of Russia. In a narrower sense, it conveys the 
idea of tyranny. Tyrant , also, is of Greek origin, and has 
nearly the same meaning as despot, signifying king, or ab¬ 
solute ruler. These words had not originally the bad signi¬ 
fication which is now attached to them. But as those who 
possess unlimited power usually abuse it, these words came 
at length to signify abuser of power. 

§ 33. Turkey and Russia are despotic in a high degree, 
[n Turkey, the sultan has unlimited control over the prop¬ 
erty and lives of his subjects, especially the highest officers 
of state, whom he can remove or put to death at his will. 
He makes laws, but is not subject to them. He is restrained 
only by the Koran and the fear of rebellion. The Koran is 
the bible of the Mahometans, containing the pretended reve¬ 
lations of their prophet. The people have no political rights; 
and such is their ignorance, that they seem not to know that 
they could be in a better condition. 


What different classes of government exist ? § 31. What is a »rcon- 

archy ? § 32. What is a despotism ? Define despot and tyrant. 

«§ 33. What particular governments are despotic ? What is the Koran ? 



24 


PRINCIPLES OF GOVERNMENT, 


§ 34. An aristocracy is a government in which supreme 
power is exercised by a privileged class of men, distinguished 
for their rank and wealth. The word is from the Greek, 
and means the government of the wisest or best. An oli¬ 
garchy is a species of aristocracy. It is a government in 
which the supreme power is lodged in a few hands. This 
word is of similar origin, and signifies the government of a 
few. These words are now used in an odious sense. 

§ 35. A limited monarchy is a government in which the 
people have some political rights. Great Britain and France 
are limited monarchies. In Great Britain the powers ot 
government are in a king, nobles, and a body of men who 
represent the common people. The nobility are persons 
who are entitled by birth to the highest civil honors and 
privileges. These, with the archbishops and bishops, con¬ 
stitute the house of lords . The house of commons is com¬ 
posed of the representatives of cities, boroughs, and counties, 
and are chosen by persons possessing the property or quali¬ 
fications required by law. These two branches of the gov¬ 
ernment, when united in making laws, are called the ■parlia¬ 
ment. All acts of parliament must be approved by the king 
before they become laws. 

§ 36. In France, similar powers are exercised by a king, 
chamber of peers, and chamber of deputies. The king pro¬ 
poses the laws, makes appointments, and declares war. He 
nominates the peers, whose rank and dignity are somewhat 
similar to those of the English nobility. The deputies are 
elected by the electoral colleges. In the governments of 
Great Britain and France are combined the principles of 
monarchy, aristocracy, and democracy. They may there¬ 
fore be called emphatically, mixed governments. 

§ 37. A democracy is a form of government in which the 
supreme power is in the hands of the people collectively, or 
in which the people meet in one assembly, and enact and 
execute the laws. The governments of ancient Greece were 
democracies. Every freeman was a member of the legis- 

§ 34. What is an aristocracy ? An oligarchy ? § 35. What is a limited 
monarchy ? By whom are the powers of government exercised in 
Great Britain ? § 36. How are the powers of government divided in 
France ? What kinds of governments arc those of Great Britain and 
France ? § 37. What is a democracy ? § 38. What is the govern- 



DISTRIBUTION OF POWER. 


25 


lature, and voted personally in the assembly of the people. 
But this cannot be done in a large community. An assembly 
composed of all the freemen of a single state of this union 
would be too numerous to ‘transact business. In the small 
democracies of Greece, their legislative assemblies were so 
large as to render it impossible for them to act with due de¬ 
liberation ; and much confusion and disorder often prevailed 
in them. The word democracy is derived from the Greek, 
demos , people, and kratos , power, and means ruling by the 
people. 

§ 38, The government of the United States, as well as 
that of each of the states composing the union, though often 
called a democracy, is more properly styled a republic. A 
republic is a state in which the powers of government are 
exercised by representatives elected by the people. Instead 
of enacting laws in person, the people choose a small num¬ 
ber to represent them. Ours is therefore a representative 
republic; or it may with propriety be termed a representative 
democracy , as all power emanates from the people, though 
in part exercised through their representatives. 


CHAPTER V. 

Of Sovereignty—and of the Separation and Distribution of 
the Political and Civil Powers. 

§ 39. In all governments there is what is called a sove¬ 
reign, or supreme power. The word sovereignty, when ap¬ 
plied to a nation, means only its independence. A nation 
or state which has the right of making its own laws, and the 
right of making war and treaties with other nations, is called 
a sovereign or independent state. But in its application to 
the internal government of a state, the word sovereignty has 
a different meaning. It signifies supreme power; power 


ment of the United States called ? What is the difference between a 
republic and a pure democracy ? 

§ 39. What is the meaning of sovereignty when applied to a na¬ 
tion ? What is it when applied to the internal government of a state 7 

3 




26 


PRINCIPLES OF GOVERNMENT. 


superior to all other power in the state. Thus, in a despot¬ 
ism, sovereignty is said to reside in the king or supreme 
ruler, who is called the sovereign. In a democracy, where 
the people possess the power of governing themselves, the 
people are called sovereign. In the strict sense of the term, 
however, sovereignty, or unlimited, supreme power, is to be 
found in those governments only in which the power is exer¬ 
cised by one man, or a single body of men. 

§ 40. In mixed, as well as in free governments, power is 
limited and regulated by a constitution, or charter. A con - 
sttlution is the fundamental law of a state or kingdom. It is 
called the fundamental law , because it is the foundation of 
all other laws; that is, all laws subsequently enacted must 
conform to this law. A constitution has also the nature of 
a contract, as it expresses the terms by which the citizens 
of a state mutually agree to be governed. The fundamental 
law of France is called a charter , which is a written instru. 
ment conferring certain powers and privileges. In Great 
Britain it is called a constitution, but it is not written. It 
consists of the aggregate of laws, principles, and usages 
which have been formed in the course of ages, and have 
become established by long observance or general sanction. 

§ 41. A proper distribution and limitation of the powers 
of government is of the highest importance. By the distri- 
bution and limitation of power, is meant the division of the 
political and civil powers of a government, and the assigning 
of each particular class of powers and duties to separate 
agents. These several agents or branches of the govern, 
ment hold a check upon each other ; and all are accountable 
to the people from whom they derive their power; and the 
people themselves, as well as their agents, are restrained by 
the constitution. 

§ 42. The division and limitation of the powers of govern¬ 
ment have been most happily effected by the constitution of 
the United States. The political power, that of forming or 
altering the constitution, the political laws, and of electing 
the officers of government, is retained and exercised by the 


§ 40. How is power limited in mixed and free governments ? What is 
a constitution ? A charter ? § 41. What is meant by the distribution 
and limitation of power ? \ 42. What is political power ? Civil 



DISTRIBUTION OF POWER. 


27 


people themselves. Another kind of power is that of making 
and administering laws for regulating the civil conduct of 
the citizens, called the civil power. Again the civil power 
is divided, and the several duties assigned to separate and 
distinct organs: to one of these is entrusted the power of 
enacting laws, called the legislative power; to another, the 
executive power, or the power to execute and administer the 
laws; and to another the power of judging of and applying 
the laws, called the judicial power. These several deposit¬ 
ories of power are so constituted as to ensure an independent 
and faithful discharge of their duties. 

§ 43. In the mixed governments before mentioned, the 
civil power is divided and exercised in nearly the same 
manner as in this country. The civil institutions of Great 
Britain, especially, are in a great degree similar to our own. 
Indeed, ours may truly be said to be but an improvement of 
the model furnished by England. There is in both govern¬ 
ments a separation of the legislative, executive, and judicial 
powers; and each of these powers, in both, is subject to 
nearly the same restrictions and limitations. 

§ 44. There are material defects, however, in the g' vern- 
ment of these limited monarchies. These defects consist 
chiefly in the limited extent to which political rights arc 
enjoyed by the people, and in the want of a separation of 
the political and civil powers of the government. The 
election of the chief magistrate and the members of the 
higher branch of the legislature, are pDlitical rights which 
are denied to the people. The king obtains his power by 
hereditary right, or right of birth; that is, he inherits it as 
property from his ancestors, and retains it by right during 
life. Thus he acquires and holds official power, indepen¬ 
dently of the people, and often contrary to their wishes. The 
nobles and peers also are independent of the people, obtain, 
ing their official power by right of birth, or by appointment 
of the king. 

§ 45. The other defect in mixed governments is the ab¬ 
sence of a proper distinction between the political and civil 


power ? How is the civil power divided ? § 43. How is the civil 
power divided in England ? § 44. In what respects are mixed govern¬ 
ments defective ? § 45. What other defect ? § 46. What is the fault 



28 


PRINCIPLES OF GOVERNMENT. 


powers. Their legislatures possess both the civil and polit¬ 
ical powers of legislation. They have the same power to 
make or alter a law that relates to the constitution, as to 
enact or repeal laws that relate to the civil administration. 
Their laws cannot therefore be adjudged unconstitutional. 

§ 46. Other forms of government are in these particulars 
still more defective. In a despotic government, as the 
people enjoy no political rights, there are no political laws 
binding on the ruler. In a democracy, each citizen has an 
equal voice in passing all laws, both of a civil and political 
nature, and in thO appointment of those who administer the 
laws. Thus enjoying political liberty without restraint, the 
government will be unstable as the popular sentiment; the 
laws are liable to change as often as every new faction pre¬ 
dominates ; and generally the minority are made to suffer 
from oppressive and unequal laws. 

§ 47. In a representative form of government, in which 
the political rights of the people, and the civil powers of the 
government, are separately exercised, the evils incident to 
other governments are happily avoided. The government 
of the United States, in this, as in many other respects, 
furnishes an example of the superiority of this form of 
government over every other. The constitution wisely 
provides for the security of civil liberty, while it lays all 
necessary restraint upon the exercise of political power. It 
effectually and entirely separates the political from the civil 
power, reserving the former to the people. It divides the 
civil powers into legislative, executive, and judicial, defines 
the powers which belong to these several branches of the 
government, and confines each within its appropriate sphere 
of action. This system has been satisfactorily tested by the 
people of the United States, and is justly regarded as a model 
of government to other nations. 


of a despotic government in this respect? Of a democracy? § 47. 
What are the characteristics of a representative form of government ? 



POLITICAL POWER. 




CHAPTER VI. 

The manner in which Political Power is exercised . 

§ 48. For the more convenient exercise of political power, 
as well as for the civil administration, a state of considerable 
extent must be divided into districts of smaller territory. 
Indeed, without such division, the purposes of government 
could not be carried into effect. It has been remarked, that 
the people of a state, being too numerous to meet in one vast 
assembly to make laws and transact the public business, 
elect a small number to represent them. But to elect these 
representatives and other officers, and to make the constitu¬ 
tional or fundamental law of the state, are political duties, 
which must be performed in a personal and collective capa¬ 
city. Hence the necessity of small territorial divisions, in 
which the people may assemble within their respective dis¬ 
tricts for political purposes. 

§ 49. The smallest division of a state is into towns. 
Several of these compose a county, and several counties the 
state. These districts correspond to similar institutions in 
England, the country of our ancestors. Counties and towns 
are incorporated by a general law of the state. Like all 
other corporations they have the power of acting under one 
name, and of managing their local concerns. 

§ 50. Of equal necessity are these divisions to facilitate 
the civil administration. The general law-making power 
of a state cannot extend its supervision to all the minute 
interests which are continually springing up in every section 
of the state. Besides, these minor concerns can generally 
be best regulated by some competent authority in the neigh¬ 
borhood where they arise. No less does the effectual dis¬ 
pensation of justice require such a division. A single state 
court could not investigate all the cases which would be 
brought before it for adjudication. Persons obliged to have 
recourse to the laws to obtain satisfaction for wrongs, would 
either sustain farther injury by delay, or entirely fail of ob- 


§ 48. Why is the division of a state necessary ? § 49. How is a 
state divided ? § 50. Describe the conveniences of a division of a 



30 


PRINCIPLES OF GOVERNMENT. 


taining justice. Crime would be encouraged and multiplied, 
because offenders, in many cases, must needs go unpunished. 
And witnesses, as well as parties to suits at law, would be 
subjected to much inconvenience and expense in attending 
court from the remote parts of the state. 

With these brief and general observations on the neces¬ 
sity of the division of a state into towns and counties for 
civil and political purposes, we shall proceed to show the 
manner in which political and civil powers are exercised by 
the people of the United States. 

§ 51. First, political power. Perhaps the most important 
act in which the people of a state exercise their political 
rights, is that of making and establishing a constitution, or 
form of government. It is important, because it is to be 
the guide of those to whom the administration of the govern¬ 
ment shall be committed, and must consequently affect, fa¬ 
vorably or unfavorably, the interests of every citizen. 

§ 52. A state constitution is generally formed in nearly 
the following manner: A number of delegates, as they are 
usually called, corresponding generally to the number of 
representatives which compose the legislature of the state, 
represent the inhabitants of the several towns or counties, 
and are chosen by the electors in the same manner as repre¬ 
sentatives in the state legislature are chosen. These dele¬ 
gates meet in convention, and agree upon a form of rules 
for the government of the state. These rules, which have 
the nature of articles of agreement between the citizens, are 
then proposed to the people for their adoption. The people, 
after having had sufficient time to consider these articles, 
again meet in their respective towns, and vote directly for 
or against the proposed constitution. If a majority of the 
electors vote in favor of its adoption, it is declared to be the 
constitution of the state. 

§ 53. Again, political power is exercised in electing the 
public officers, required by the constitution or by law to be 
elected by the people, to serve in the several administrations 
of state, counties, and towns. The electors meet in their 


state for civil purposes. § 51. What is the first act of political power ? 
§ 52. Describe the manner of forming a state constitution. § 53. For 
what other purpose is political power exercised ? Describe the manner 



POLITICAL POWER. 


31 


respective towns, and each votes for the persons he wishes 
to be elected. The manner of voting is generally by ballot. 
A ballot is a small piece of paper, on which are printed or 
written the name of the candidate, and the title of the office 
to be filled. The electors present their ballots to the person 
authorized to receive them, and by him they are deposited 
in a box. Another mode of voting, practised in some states, 
is viva voce , which means, by the living voice, the elector 
speaking the name of the person for whom he votes. 

§ 54. The election of candidates is decided either by a 
majority or plurality of the votes. Election by majority is 
when any person has a majority, or more than one half of 
all the votes given. An election by plurality is when the 
person elected has received more votes than' any other can¬ 
didate. The latter, it is believed, prevails in most of the 
states, especially in the election of the lower officers. It 
often happens, that, by the former, there is no election at the 
first trial, no one candidate having received a greater number 
of votes than all the rest; and the people sometimes find 
much difficulty in effecting a choice, as several trials become 
necessary. The latter mode, by plurality, is liable to this 
objection, that, when the people are divided upon numerous 
candidates, a person may be elected by a small number of 
votes, and therefore the interests or wishes of a majority of 
ihe people may not be represented. 


CHAPTER VII. 

To whom the Exercise of Political Power ought to be en¬ 
trusted . 

§ 55. To what class or portion of the citizens of a state 
political power shall be entrusted, is properly made the 
subject of express provision in the constitution; but owing 


of voting. § 54. What is election by majority ? What by plurality ? 
To what objection is each of these modes liable ? 

§ 55. What is the right of exercising political power called ? § 56. 




32 


PRINCIPLES OF GOVERNMENT. 


to a diversity of opinion among the people of this country 
respecting the right of suffrage, the qualifications of electors, 
as fixed by the constitutions of the several states, have been 
very unlike. The right of suffrage , called also the elective 
franchise, means the right of voting, or the right of a citizen 
to a voice in the election of officers, and in making or adopt¬ 
ing the constitution, the political law of the state. 

§ 56. The American colonies,- following the example of 
the parent country, restricted the right of suffrage to those 
who possessed a certain amount of property. After they 
became independent states, a similar restriction was adopted 
by the people in forming the several state constitutions. In 
general, none but freeholders were allowed the privilege 
either of holding public offices, or of voting. A freeholder 
is a man who holds a real estate in his own right, which he 
may transmit to his heirs. In some states the right was 
extended to those who possessed personal property to a con¬ 
siderable amount. The property qualification, however, has 
been nearly abolished in the United States. In most of the 
states, all free white male citizens, with few exceptions, 
enjoy the right of suffrage. 

§ 57. It is maintained by some, that those only who have 
property to be protected by law, and who are compelled to 
defray the expenses of the government, are justly entitled to 
a voice in it; that men of property, from their superior ad- 
vantages of acquiring education, are generally more compe¬ 
tent than the poor to take a part in political affairs: also, 
that poverty and ignorance, which render a man unfit to be 
entrusted with political power, are most common among the 
vicious part of the community. If, therefore, the right of 
suffrage be enjoyed by all, without distinction, ignorant and 
unprincipled men may obtain control of the government. 

§ 58. In favor of universal suffrage it is said, that all men 
have rights which need the protection of government, espe¬ 
cially in a free government, where all are, or ought to be, 
possessed of equal privileges. The way to wealth is open 


To what class of persons was the right of suffrage confined in the 
colonies ? What is a freeholder ? How far has the right of suffrage 
been extended ? § 57. What are the reasons generally given in favor 
of a restricted suffrage ? § 58,59. What may be said in favor of uni. 



POLITICAL POWER. 


33 


to every citizen; and the laws affect a man as certainly in 
acquiring property as in its actual possession. Besides, by 
the restriction of the right, many of the best citizens are 
denied a voice in the government; and the state also is 
deprived, in many cases, of the services of men who, for the 
want of property, cannot be elected to office, however dis¬ 
tinguished they may be for their capability and integrity. 

§ 59. The property qualification is still advocated by 
some of the most sincere friends of republican institutions. 
And it is doubtless true, that it is attended with some advan¬ 
tages. Public opinion, however, has decided in favor of an 
extended suffrage, as being more consistent with the prin¬ 
ciples of free government. The former makes an unjust 
distinction between the rich and the poor; and it is by no 
means generally admitted, that it secures a greater degree 
of wisdom and virtue in the administration of the state, than 
universal suffrage. None 'will presume to declare that 
property itself either confers merit, or entitles its possessor 
to unequal privileges; and a restricted franchise, founded 
on this basis, certainly savors of aristocracy. 

§ 60. By universal suffrage, however, it is not meant that 
this right ipust be indiscriminately enjoyed by all, without 
limit or qualification. This right, though invaluable to free¬ 
men, is liable to abuse, and needs to be wisely guarded. 
Hence females, to whom nature has assigned a more limited 
sphere of action, are excluded from a participation in public 
affairs. Age is an essential qualification. A person should 
also be free from constraint or control by others. Twenty- 
one years, the period at which men become free to act for 
themselves, and are presumed to have attained the requisite 
knowledge and maturity of judgment, is the age at which 
they are invested with this right. Foreigners also, who 
must be supposed to be ignorant of our institutions, and 
wanting in their attachment to them, are properly excluded. 
And persons who, by the commission of certain crimes, 
have proved themselves to be too corrupt to be safely trusted 
with political power, are justly denied the right of suffrage. 

§ Gl. Virtue and intelligence are the best safeguards to 


versal suffrage ? § 60. What classes of persons are properly excluded ? 
4 61. What affords the best security to free institutions ? 


3 



34 


PRINCIPLES OF GOVERNMENT. 


republican institutions. We cannot reasonably hope that 
our government will be long preserved, after the people 
shall have become too ignorant and too corrupt to act for 
the public good. A government ought therefore to guard 
the public morals, and to promote the general diffusion of 
useful knowledge, as the only sure means of its preserva¬ 
tion. In accordance with this sentiment, most of the states 
of this union have adopted, or are maturing, systems of learn¬ 
ing, by which the benefits of a practical education may be 
shared by all classes of the community. When these bene¬ 
fits shall be universally enjoyed, we may indulge the hope 
that our civil and religious liberties Will be enduring. 


CHAPTER VIII. 

Legislative Power.—Organization and Division of the Legis¬ 
lature. 

§ 62. There is in every state, a general legislative, or 
law-making power. The legislature is composed of two 
branches, a senate and house of representatives. The lat¬ 
ter, or lower branch, is differently styled in different states, 
being called also the house of delegates, the assembly, the 
house of commons, and sometimes simply, the house. The 
legislature, or both branches united, are sometimes termed, 
general assembly, and general court. 

§ 63. The house of representatives is the more numerous 
body, consisting, generally, of three or four times as many 
members as the senate. They represent more immediately 
the people of the several towns and counties in which they 
reside. In some of the states, one or more are elected in 
each town by the people to represent them in the legis¬ 
lature ; in other states, a certain number of representatives 
are apportioned to each county, according to its proportion 
of the whole number of the inhabitants of the state. 


§ 62. How is the legislature of a state divided ? § 63. How is the 
house of representatives composed ? § 64. How long do representa- 





LEGISLATIVE POWER. 


35 


§ 64. Representatives are usually chosen for the term of 
One year; in a few of the states, they hold their offices for 
two years. They may be re-elected at the pleasure of the 
electors. Elections of representatives are made thus fre¬ 
quent, in order to ensure a faithful discharge of their duties. 
Were they elected for a very long term of years, or for life, 
they would be too independent of the people. Being per¬ 
manently seated in power, they would feel less responsibility 
to their constituents, than when they may be removed from 
office at the expiration of every year. Hence, a short term 
is deemed necessary to guard the public interests. 

§ 65. The qualifications of representatives, as is also their 
term of office, are designated by the constitution. To be 
eligible to this office, a man should be of such age as to have 
had opportunity to acquire that knowledge of public affairs 
which young men, at the moment of their majority, seldom 
possess. He ought also to have been, for a considerable 
time, a citizen of the United States, and a resident of the 
state long enough to have become acquainted with its govern¬ 
ment and general policy. Accordingly, the age of twenty- 
four or twenty-five years, citizenship, and residence in the 
state" for a term of years, have been made indispensable 
qualifications in all the states. In some of them, they must 
also possess a freehold, or other taxable property. 

§ 66. Senators represent larger districts, comprising, 
generally, one or more counties. The character of a senate 
is somewhat different from that of the house. It is a more 
select body, its members being generally chosen for their 
superior wisdom, and longer experience in public affairs. 
It is designed also to be a more stable and independent body. 
The term of office of its members is made longer than that 
of representatives, that in their conduct they may be less 
influenced by the fear of removal from office. In some of 
the states, this body is so organized, that a part only of its 
members go out of office every year. By this arrangement, 
there will always remain in the senate a large number who 
are experienced in legislation, and better qualified than new 


lives in state legislatures generally hold their offices ? Why is their 
term of office thus short ? § 65. What are the general qualification* 

of a representative ? § 66. In what respects is the character of a 



♦ 


30 PRINCIPLES OF GOVERNMENT. 

members to complete the unfinished business of preceding 
sessions. 

§ 67. The division of a legislature into two co-ordinate 
branches, is intended to prevent the enactment of improper 
laws. An injudicious measure may be introduced into a 
legislative body, and passed without due deliberation. Or, 
a salutary measure in its general provisions, having been 
hastily adopted, may be imperfect in some of its details. 
It is wisely provided, therefore, in all our constitutions, that 
every measure proposed and passed by either house, shall 
be subjected to the revision of the other; by which it may 
be amended or wholly rejected. 

§ 68. A primary object of the institution of a senate is to 
hold in check the popular branch of the legislature. The 
election of representatives occurring so frequently, this body 
is rendered unstable and fluctuating by those sudden convul¬ 
sions in public sentiment which are common in democratic 
governments; and, without some restraint upon its action, 
the administration would become equally fluctuating; tho 
laws enacted one year would be liable to alteration and 
repeal by every successive legislature; and consequently 
there would be little security to the rights of person and 
property. 

§ 69. Among the important trusts committed to the 
senate, is the power of appointment, which it exercises, in 
conjunction with the governor, in appointing such officers 
of the government as are not elected by the people. Other 
weighty responsibilities often devolve upon this body. Its 
members ought, therefore, to be men possessing, in an emi¬ 
nent degree, the qualifications of wisdom, experience, and 
incorruptible integrity. 

§ 70. The legislature of every state meets at least once 
in a year, on the day designated by the constitution, to make 
such laws as the general welfare may require, and to per¬ 
form such other duties as are assigned to it by the consti¬ 
tution and the laws. The duration of its sessions are not 


senate different from the lower branch ? § 67. Why is a legislature 

divided into two branches? § 68. What are the advantages of a 
senate ? § 69. What power does it exercise with the governor ? 

§ 70. How often does a legislature meet; and for what purpose ? 



LEGISLATIVE POWER. 


37 


limited to any specific period, being continued until the most 
important subjects demanding its consideration shall have 
been disposed of. 

§ 71. The first business of a legislature, on its meeting, 
is the organization of the respective houses, by the appoint¬ 
ment of the necessary officers. Each house elects from its 
number a speaker, to preside over its deliberations during 
the session. The duties of a speaker are, to give direction 
to the business of the house, to enforce the rules of the house, 
to preserve order in debate, and to put the questions in taking 
the sense of the house on a proposed bill or resolution. 
Questions of order often arise in the course of debate which 
it is not easy for the speaker to decide. This renders his 
duties very arduous, and sometimes extremely perplexing. 
The choice of a speaker ought therefore to fall upon an in¬ 
dividual who is prompt in his decisions, and familiar with 
the established usages of legislative bodies. In those states 
in which there is a lieutenant-governor, this officer usually 
presides in the senate. 

§ 72. Besides the speaker, each house chooses from the 
citizens at large, a clerk , or secretary, to keep a record of 
its proceedings ; a door-keeper; and a sergeant-at-arms , who 
is authorized to compel the attendance of members when¬ 
ever it shall become necessary, and whose other duties are 
similar to those of a constable, or other peace officer in a 
court of justice. A clergyman also is usually chosen to 
serve as chaplain, whose duty it is to offer up prayer every 
morning at the opening of the session, and to perform such 
other religious services as shall be called for during the 
session. 


§ 71. How is a legislative body organized ? What are the duties of a 
speaker ? § 72. What other officers are chosen; and what are their 
respective duties ? 


4 



38 


PRINCIPLES OF GOVERNMENT# 


CHAPTER IX. 

Manner of enacting Laws. 

■n 

§ 73. In order to transact the public business with de¬ 
spatch, each house, when duly organized by the election of 
its officers, appoints committees on all the ordinary subjects 
• of legislation. To one committee is committed the subject 
of public expenditures ; to another, all applications for canals 
and railroads; to another, petitions for banks and other in¬ 
corporations ; and so of all the general interests of the state# 
These interests are so numerous, that all, or nearly all the 
members of the house, are usually appointed to serve on 
one or more of the several committees. These are called 
standing committees. When any special matter arises which 
needs to be investigated, a committee is appointed for the 
purpose, called a select committee. Committees are some¬ 
times appointed by the presiding officer. 

§ 74. The necessity of this division of a legislative body 
into committees is obvious. So great are the number and 
diversity of subjects to be acted upon, that, if each of them 
were to receive the attention of the whole house, during the 
whole course of its investigation, a very small part only of 
these subjects could be disposed of. By dividing the busi¬ 
ness among the several committees, much time is saved, 
and the public business is expedited; as each committee, 
consisting usually of three, five, or seven members, is as 
capable of making inquiries into the merits of an applica¬ 
tion, and of obtaining the information necessary to aid the 
house in its final action on the subject, as the whole house. 

§ 75. When a committee has duly examined any matter, 
such committee reports to the house the result of such ex¬ 
amination ; if the report be in favor of the proposed measure, 
it is usually accompanied by a bill. A bill is the original 
draft of a law. Bills may also be introduced by individual 


§ 73. After the appointment of officers, what is done preparatory to 
the transaction of business ? What are standing committees ? Select 
committees? § 74. Why is this division of a legislative body neces¬ 
sary ? § 75. How are bills introduced ? What is a bill ? § 76, 77# 




legislative power. 


39 

members. A member wishing to propose a bill must give 
at least one day’s notice of his intention to move the house 
for leave to introduce it. If, on the day specified, he make 
the motion, and leave be granted, the bill is read. - 

§ 70. A bill must be read three times before it can be 
passed by either house ; and these several readings must be 
on different days, unless otherwise ordered by the unanimous 
consent of the house. And no bill can be committed or 
amended, until it shall have been read twice. When 
amended, it is declared to be ready to be committed or 
engrossed. To engross a bill, is to copy it in a large, fair 
hand. If the bill be committed either to a standing or 
select committee, or to a committee of the whole house; or 
if the bill be ordered to be engrossed; the house appoints a 
day on which it shall be read the third time, i When the 
house resolves itself into a committee of the whole to con. 
sider a bill thus committed, the speaker appoints another 
member to preside as chairman, and takes part in the de. 
bate as an ordinary member. 

§ 77. A bill may, at any time before its passage, be re. 
committed for farther consideration; and when it has been 
reported on by a committee, or after it has been fully dis¬ 
cussed and amended in the house, it is then proposed to be 
engrossed and read a third time. Then is the proper time 
for those opposed to the bill to take their stand against it. 

§ 78. When a bill has passed one house, it is sent to the 
other, in which it must go through a similar form of ex. 
amination and discussion. Whether it be agreed to, or 
amended, or wholly rejected, it is returned to the house in 
which it originated, with a message communicating the 
result. All amendments made in either house must be 
concurred in by the other, or the bill cannot become a law. 
In some cases, when the two houses cannot agree to the 
amendments, a committee of conference is appointed in 
each house. These committees report the result of their 
meeting to their respective houses ^ and if no agreement or 
compromise be effected, the bill is lost. [The manner of 
passing bills, as above described, is substantially that which 


What is the progress of a bill through the different readings ? What 
is engrossing a bill ? § 78. When a bill has been passed by one house. 



40 


PRINCIPLES OF GOVERNMENT. 


has been adopted by Congress, and which, with little if any 
variation, is practised in all the state legislatures.] 

§ 79. An additional safeguard against the enactment of 
injudicious laws, is provided in the constitutions of many of 
the states, by requiring every bill, after it shall have been 
passed by both houses, to be presented to the governor for 
his approval, before it can become a law. But that the 
enactment of needful laws may not depend on the judgment 
or caprice of one man, it is made the duty of the governor, 
if he refuse to sign a bill, to return it to the house in which 
it originated, stating his objections to it. If, upon a recon¬ 
sideration of the bill, it be again passed by both houses, a 
majority of two-thirds of each house concurring, it then be¬ 
comes a law without the assent of the governor. Or, if he 
shall not return it within a certain number of days specified 
in the constitution, it will be a law, though not signed by 
him. 

§ 80. This power of the executive to negative bills passed 
by the legislature, is familiarly called the veto power. In 
England, the king has an absolute negative upon all laws: 
that is, his approval is in all cases required; and there is 
no provision for the passage of a law without it. In this 
country, where this power is qualified by the provision 
authorizing its passage by the constitutional majority of 
two-thirds of each house, it is called a qualified negative. 

§ 81. The propriety of such a power in a republican 
government has been much questioned. The constitutional 
provision requiring the concurrence of a majority of both 
branches of the legislature, is deemed by many to be a suffi¬ 
cient security against the enactment of bad laws ; especially 
as the people have a remedy for such laws in the frequent 
elections of their rulers, by means of which the repeal of an 
obnoxious law may be speedily effected. It is said also 
against the propriety of a negative, that it is not to be pre¬ 
sumed that a single man possesses more virtue and wisdom 


what action must it receive in the other ? § 79. What agency has 
the governor in the enactment of laws ? If he refuse to sign a bill, 
how may it become a law ? § 80. WTiat is an absolute and a qualified 
veto? §81. For what reasons is a negative power objected to? 
§ 82. What are the objects of this power ? 



EXECUTIVE POWER. 


41 


than a number of men; and that the expression of the will 
of a majority of the representatives of the people ought to be 
deemed the expression of the will of the people themselves. 

§ 82. It is presumed, however, that a majority of the 
people are satisfied with this principle in our government. 
Besides the security which it affords against the enactment 
of improper laws, it is intended to guard the executive from 
encroachments upon its rights by the legislative department. 
Without such a power of self-defence, a chief magistrate 
might be gradually stripped of his authority. And though 
the negative may be in some cases improperly applied, it is 
fair to presume, that if the public good do not so -clearly 
require the passage of a law as to command the assent of 
two-thirds of each house of the legislature, no serious evil 
will ensue before relief may be had in a new election. 


CHAPTER X. 

Executive Power. 

§ 83. The executive power is that which is exercised in 
executing, or carrying into effect, the laws of the state. 
The necessity of such a power is admitted, wherever the 
principles of civil government are well understood. It is 
in accordance to the principle laid down in a preceding 
chapter, (§ 42,) and to the universal opinion of the people 
of the United States confirmed by experience, that the 
several powers of the government, viz. the legislative, ex¬ 
ecutive, and judicial, ought to be separated and committed 
to distinct organs or agents. 

§ 84. Not only has experience proved the utility of an 
executive power; but it has proved also the propriety of 
devolving the responsibilities of this department upon a 
single person. The most necessary qualification of an ex¬ 
ecutive, is energy. An eminent American statesman has 
well remarked, that “ a feeble executive implies a feeble 


§ 83. What is executive power ? § 84. For what reasons is the 

4* 




PRINCIPLES OF GOVERNMENT. 


42 

execution of the government. A feeble execution is but 
another phrase for a bad execution: and a government ill 
executed, whatever it may be in theory, must be, in prac¬ 
tice, a bad government.” One man will act with greater 
promptness and decision than a number. Difference of 
opinion among the members of a plural executive, might 
frustrate the most important measures. Moreover, unity in 
the executive increases responsibility. An individual, sen¬ 
sible that for every improper act he alone must bear the 
censure, will not be so strongly tempted to do wrong, as 
when a part of the responsibility and blame may be shifted 
upon others. 

§ 85. The plan of a single chief magistrate, associated 
with a number of counsellors, has been tried with ill success, 
both in ancient as well as modern republics, and has been 
abandoned. These executive councils often embarrass and 
weaken the execution of a plan or measure, instead of facili¬ 
tating it. The soundest statesmen, therefore, while they 
declare themselves in favor of a numerous legislature, as 
best calculated to secure the interests and privileges of the 
people, consider a single executive indispensable to a prompt 
and efficient execution of the laws. 

§ 86. Respecting the duration of the office of chief magis¬ 
trate, public opinion is not uniform. The terms for which 
the governors of the several states are elected, vary from 
one year to four years. An executive chosen for a short 
period, will, if his re-election be not prohibited, be more 
likely to act in conformity to the popular will. A longer 
term, on the other hand, is deemed more favorable to an 
independent discharge of his official duties; and, by en- 
abling him to mature and carry into effect his measures of 
public policy, is better calculated to ensure stability in the 
administration, which is essential to the public prosperity. 

§ 87. The manner of electing the executive is not uni¬ 
form. In some of the states, the governor is chosen by the 
legislature. This mode, which formerly prevailed in many, 
perhaps a majority, of the old states, has long been growing 


executive power vested in a single person ? § 85. What is the objec¬ 
tion to executive councils ? § 86. What are the tendencies of short 

and long terms of office of an executive ? § 87. In what manner are 



EXECUTIVE POWER. 


43 


into disuse. It is now practised by very few of them. The 
constitutions of new states, and the amended constitutions 
of the old ones, with few exceptions, give the election of the 
chief magistrate to the people. This mode now prevails, it 
is believed, in all but one or two, and is more consistent with 
the character and genius of republican institutions. 

§ 88. The dignity of the executive office, and the weight 
of its responsibilities, require that the incumbent possess 
the highest qualifications. The qualifications required for 
the office of governor are generally the same, or about the 
same, as those for the office of senator. Provision has been 
made, so far as it can be made by constitutional enactment, 
for closing this office against incompetent and unworthy 
men. But the wisest constitutional provisions will be un¬ 
availing, unless the people insist on the more important qua¬ 
lifications of political integrity and disinterested patriotism. 

§ 89. The powers and duties of an executive are various, 
as well as important. Exercising a general supervision over 
the manifold interests of the state, it is his duty to see that 
they receive the attention of the government. He is not 
only to see that the laws are duly administered, but he must, 
also notice their operation. Hence it is made his duty, by 
the constitution, to communicate by message to the legis¬ 
lature, at every session, the condition of the state, and to 
recommend such measures as, in his opinion, the public 
welfare requires. And he transacts all necessary business 
with the civil and military officers of government, and with 
the authorities of other states. 

§ 90. The power to grant reprieves and pardons is, in 
nearly all the states, vested in the governor. Reprieve is 
the suspension, or putting off, of the execution of the sen¬ 
tence of the law upon a capital offender; pardon is the 
entire release of the criminal. The necessity of a pardon¬ 
ing power arises from the imperfection of human justice. 
A spirit of revenge may prompt one man to accuse another 
falsely; and, by inaccurate testimony, or a fallible jury, the 


executives generally chosen in the United States ? § 88. What are 

the usual qualifications of a state executive ? § 89. What are the 

ordinary duties of an executive ? § 90. What are reprieves and par- 

dons? Why is the pardoning power necessary in a government? 



44 


PRINCIPLES OF GOVERNMENT. 


innocent individual may be convicted. But cases may occur, 
in which the guilt of the offender is clearly proved, when 
expediency and humanity may require his pardon. Laws 
do not always fix the exact degree of punishment. Offences 
of the same kind, committed by different persons, or under 
different circumstances, do not always deserve the same 
measure of punishment. Hence the executive sometimes 
commutes the penalty of the law; that is, he exchanges it 
for another of less severity. 

§ 91. The power of appointment, also, is, to some extent, 
exercised by the- chief magistrate. The extent and variety 
of the business of the executive department, requires the 
assistance of numerous subordinate officers. As the ex¬ 
ecutive is responsible for the faithful performance of the 
duties devolving upon his department; and as he is pre¬ 
sumed to be most competent to judge of the requisite num¬ 
ber and qualifications of these officers; their selection is 
properly given to him. Besides, unexpected vacancies, and 
numerous other causes, often render immediate appoint¬ 
ments necessary, in order to prevent the derangement of 
the public business which would result from the delay con¬ 
sequent upon an election by the people at large. 

§ 92. But upon this power, as upon most others, the 
people have imposed a constitutional restraint. Consider¬ 
ing it too important to be entrusted to one man, the concur¬ 
rence of the senate is required in appointments devolved by 
the constitution upon the executive. He may make appoint¬ 
ments to fill vacancies which happen when the senate is not 
in session; but they must be submitted to that body at its 
next session for approval. In all other cases, it will be seen, 
the executive has simply the privilege of nomination; that 
is, of naming to the senate the person he wishes appointed: 
and the senate may, from party or other unworthy consider¬ 
ations, abuse its power, by rejecting the nominations made 
by the governor. But senators, as a body, are seldom so 
void of self-respect and of a sense of their duty, as to with¬ 
hold their assent to an unexceptionable nomination. 


$91. Why is the power of appointment vested in this officer ? § 92. 
What restraint is laid upon this power ? 




JUDICIAL POWER. 


46 


CHAPTER XI. 

Judicial Rower. 

§ 93. The judiciary is that branch of the government of 
a state to which are committed the interpretation of the 
laws, and the administration of justice. No form of govern¬ 
ment can be complete, without some power to decide dis¬ 
putes, to award justice to the citizens, and to punish crime, 
according to the laws of the state. This power ought to lx; 
kept separate from the legislative and executive. The union 
of the judicial with the other powers of the government in the 
same hands, would constitute an absolute despotism. It is 
the separation of the former from the latter, that so effect¬ 
ually secures to the people of this country the blessings of 
equal laws and impartial justice. 

§ 94. The judicial department embraces all the courts of 
law and equity in which justice is administered; as well 
those instituted in the several towns and counties, as the 
supreme or superior courts of the state. The necessity of 
these inferior courts has been briefly stated. (§ 50.) It is 
to these that citizens in ordinary cases go to obtain justice. 
The business of the higher courts is to try causes in which 
large sums arc in controversy; to rejudge causes that have 
been tried in the lower courts, but from whose decisions 
appeal has been made by the dissatisfied party; and also to 
try criminal offences of high grade. 

§ 95. When it is considered that the security of the citi¬ 
zen in the enjoyment of his property, liberty, character, and 
even life, depends on the intelligent and impartial exercise 
of judicial authority, the importance of this department of 
the government must be apparent. To invest ignorant or 
corrupt men with judicial powers, would be extremely dan¬ 
gerous to the Tights of the community. Judges and justices 


§ 93. What is the object of the judicial power ? § 94. What court* 
does the judiciary of a state embrace ? In what courts do citizens 
usually obtain justice ? What is the business of the higher courts ? 
§ 95. Wherein consists the importance of this department ? § 96. For 



46 


PRINCIPLES OF GOVERNMENT. 


ought to be men distinguished for their knowledge of the 
laws, deep discrimination, and sound judgment. They ought 
also to be persons of inflexible integrity, who cannot be 
swayed in their decisions, either by motives of fear, or by 
the prospect of gain. 

§ 96. Judges are not elected by the people. Legislative 
officers, who represent the people, in making laws, and ex¬ 
ecutive officers who are to see that they are executed, are 
properly chosen by the people. They are the people’s 
agents ; and the people have a right to elect such as they 
think will best represent their wishes, and obey their will. 
These officers have discretionary power. As every par¬ 
ticular duty which they will be called upon to perform can¬ 
not be previously pointed out, they must be left to act, in a 
great measure, according to their own sense of what is right 
or wrong, and with a due regard to the supposed interests 
and wishes of their constituents. Whereas, judicial officers 
have little or no discretionary power. They are not to be 
governed by their opinion as to what the law ought to be, 
but by the law as it is. Since, then, they are not, strictly 
speaking, the agents or representatives of the people, it can¬ 
not be important that they be elected by popular suffrage. 

§ 97. But there are reasons for not making the judges 
elective by the people, which are supposed to overbalance 
any that may be given in favor of their election in this 
manner. The political actions of men are more or less 
influenced by the spirit of party; and the prevailing party 
is sometimes controlled by men of wealth and distinction, 
who may be tempted to combine their influence to effect the 
election of favorites or dependants, from whose decisions 
they may hope to derive some future advantage. It is to 
be presumed, too, that those who have nothing to hope, but 
much to fear, from an inflexible administration of justice, 
would not only feel no interest in, but would actually oppose, 
the election of upright men. And as men who possess the 
qualities requisite for this office are seldom the most popu¬ 
lar, they would probably too often fail to secure an election 
by the people. 


what reason are not judges elected by the people ? § 97. What direct 
evils may result from an election of judges in this manner ? § 98. 



JUDICIAL POWER. 


47 


§ 98. There are two principal modes in which judges are 
appointed in the United States: the one is, by the legisla¬ 
ture ; the other, by the senate, on nomination by the gov¬ 
ernor. The former mode is practised, as is believed, in a 
small majority of the states. The latter has, however, been 
adopted in nearly an equal number, and is that which the 
constitution of the United States provides for the appoint¬ 
ment of the judges of the national courts; they being ap¬ 
pointed by the concurrence of the senate in the nomination 
of the president. The responsibility of making a proper 
selection, by the latter mode, devolves upon a single indi¬ 
vidual ; and a sense of this responsibility generally secures- 
ihe nomination and appointment of good men. 

§ 99. The independence of the judges is one of the most 
essential objects to be kept in view, in the organization of a 
judicial system. The necessity of this independence arises 
from the natural weakness of the judiciary. It has been 
remarked with much apparent truth, that “ the executive 
not only dispenses the honors, but holds the sword of the 
community: the legislature not only commands the purse, 
but prescribes the rules by which the duties and rights of 
every citizen are to be regulated : the judiciary, on the con¬ 
trary, has no influence over either the sword or the purse; 
no direction either of the strength or of the wealth of the 
society; neither force nor will, but judgment.” 

§ 100. Permanency in office is indispensable to the firm¬ 
ness and independence of the judiciary. This principle has 
been carried into all the constitutions of the states, with but 
one or two exceptions. Judges of the superior courts gene¬ 
rally hold their offices during good behavior, which is in 
effect for life, or for a long term of years. When judges 
are firmly seated in office, they cannot be awed by the frowns 
of power; and there will be no occasion nor inducement to 
court popularity, or to resort to any improper means to se¬ 
cure a reappointment to office; nor for office-seekers to 
attempt to render them unpopular with a view to supersede 
or displace them. 


What are the principal modes of appointing judicial officers in the 
United States ? § 99. What renders the independence of judges 

essential? § 100. What tends to secure the independence of a judi- 



48 


PRINCIPLES OF GOVERNMENT. 


§ 101. A uniform interpretation of the laws and constitu¬ 
tion is an important advantage, which can be secured only 
by a permanent judiciary. A constant change of judges, 
differing in their legal opinions, would give rise to conflict¬ 
ing decisions on the same points of law. A decision made 
one year might be reversed the next; and, as a conse¬ 
quence, the principles of law would be kept in an unsettled 
.state Long duration of office furnishes the best security 
against this evil. Another advantage resulting from a long 
term is, that it enables a judge to acquire that skill in the 
laws, which is an essential qualification for the judicial office. 

§ 102. Judges ought to receive a liberal compensation. 
This is necessary to ensure the services of the fittest and 
most learned men, who would not relinquish a lucrative 
professional business for the duties and responsibilities of a 
judicial station, without ample reward. This compensation 
should also be fixed and permanent: for, though it were 
liberal, men would nevertheless be reluctant to accept the 
office, if there were not some guaranty against the reduc¬ 
tion of the salary. A fixed and liberal support also contrib- 
utes to the independence of the judges. In view of these 
advantages, the constitution of the United States provides, 
that the judges of the national courts “ shall at stated times 
receive for their services a compensation, which shall not be 
diminished during their continuance in office.” Every state 
constitution ought to contain a like provision. 

§ 103. But the most judicious organization of the judi. 
ciary, and the most careful provisions for the appointment 
of its officers, have been deemed insufficient to guard the 
purity of our courts, and to secure a perfect administration 
of justice. Ignorant and corrupt men will, it is to be pre¬ 
sumed, sometimes be promoted to judicial stations. To 
prevent the mischiefs which may ensue from the continuance 
of such men in office, some provision is necessary for their 
removal, in case of misconduct. Such provision becomes 
the more necessary from the permanent tenure by which 


eiary? What is the ordinary term of office? § 101. What are the 
advantages of a permanent judiciary ? § 102. Why ought judicial 

officers to receive a liberal and permanent compensation ? § 103. 

What remedy is necessary for the evils resulting from the misconduct 



JUDICIAL POWER, 


49 


they hold their offices; as the evils resulting from their un¬ 
fitness may become intolerable before the expiration of the 
constitutional term of their appointment. 

§ 104. The manner in which the removal of the high 
judicial and certain other officers may be effected, is either 
by impeachment, or by address of the legislature to the 
executive. To effect a removal from office by address to 
the governor, the legislature states the reasons why the 
officer ought to be removed. The governor, if he con. 
siders the reasons sufficient, makes the removal accord, 
ingly: and a new appointment is made in the manner pre. 
scribed in the constitution. To prevent a removal upon 
slight grounds, it is required, in some states, that a majority 
of two-thirds of the legislature concur in the address; in 
others, a simple majority only is necessary. Justice to the 
accused party requires that he be notified of the intention 
to remove him, that he may have an opportunity to defend 
himself. 

§ 105. Impeachment is a charge or accusation against a 
public officer for misconduct in the discharge of his official 
duties. A member of a legislature who should, for a reward, 
offered or accepted, give his influence or vote in favor of 
any measure ; or a judge who, from corrupt motives, should 
give a wrong decision, would be liable to impeachment. 

§ 106. The ordinary mode of trial by impeachment, is 
briefly as follows : Complaint having been made to the house 
of representatives, the house appoints a committee to inquire 
into the matter; and if the charge be well founded, a written 
accusation is prepared and presented to the senate. The 
house chooses a number of its members to manage the trial 
on the part of the house. At the time of trial, the senators 
take the oath required, and proceed to try the case. The 
same rules are observed in courts of impeachment as in 
courts of common law. (§ 229, 230.) 


of judges ? § 104. In what manner mav judges be removed ? How 

is removal by address effected ? § 105. What is impeachment ? 

§ 106. Describe the mode of trial by impeachment. 

5 


4 



50 


PRINCIPLES OF GOVERNMENT. 


CHAPTER XII. 

Organization and Powers of Courts of Justice. 

§ 107 . The most common courts of justice are those in 
the several towns held by justices of the peace. Though the 
duties of a justice are numerous, his powers and jurisdiction 
are limited to civil causes, in which the sum in controversy 
does not exceed a certain amount specified in the law r , and 
to the lowest grade of criminal offences. Jurisdiction means 
pronouncing the law. It is composed of jus or juris , which 
means law or justice, and dictio , speaking or pronouncing. 
It signifies also the extent to which the powers of an officer 
or a government may be exercised. A knowledge of the 
powers and duties of judicial officers may be conveyed to 
the youthful student, by a general description of the manner 
in which justice is administered in courts of law. 

§ 108. In a civil action in a justice’s court, that is, an 
action for the recovery of damages in money, the justice, at 
the request of the plaintiff, who is the person bringing the 
suit, issues a writ or summons, which is a written- order 
signed by the justice, addressed to a constable, commanding 
him to summon the person against whom the suit is brought, 
called the defendant, to appear before the justice at the time 
specified in the summons, to answer to the plea of the 
plaintiff. The constable serves the summons, by reading 
or stating its contents to the defendant. At the time speci ¬ 
fied in the writ, the parties with their witnesses appear be¬ 
fore the justice. After having sworn the witnesses to tell 
the truth, and taken their testimony, the justice enters judg¬ 
ment against the party in default; that is, he records in a 
book kept for that purpose, usually called a docket, the 
amount of the debt or damages, together with the costs of 
suit. The costs consist of the fees to which the justice, 
constable, and witnesses are entitled for their services. 


§ 107. How far does the jurisdiction of justices of the peace extend ? 
What is jurisdiction? § 108. How is a civil suit commenced in a 
justice’s court ? Who is the plaintiff ? Who the defendant ? Describe.- 




JUDICIAL POWEK. 


51 


§ 109. If, at the expiration of the time allowed by law for 
the payment of the judgment, it shall remain unpaid, the 
justice issues an execution for its collection. An execution 
is a written order of the justice, commanding a constable to 
collect from the person indebted, the amount of the judg¬ 
ment, and to bring the money to him, the justice, within the 
time fixed by law. If the money shall not be paid when 
demanded, the constable may seize the property of the 
debtor, and sell the same at public auction or vendue, after 
having given due notice of the time and place of sale. For 
the benefit of poor and unfortunate debtors, the law very 
properly provides, that certain articles of property, which 
are necessary for the convenience of themselves and fami¬ 
lies, shall not be liable to be taken and sold. The inhuman 
practice of imprisoning debtors who were unable to pay their 
debts, has been generally abolished in this country, except 
in cases in which judgment has been given for some act of 
trespass or misdemeanor. 

§ 110. Prosecutions at law are necessarily attended with 
expense. This, according to law, and the practice of all 
courts, is paid by the losing party. And though persons 
are sometimes subjected to heavy costs, through revengeful 
and malicious prosecutions, the law r s cannot discriminate in 
such cases; and it would be dangerous to invest a justice 
with such a power. As every man is entitled to the assist- - 
ance of the law in obtaining his dues, it would be unjust to 
compel him to bear the expense of a prosecution, in addition 
to the trouble and loss of time to which he is necessarily 
subjected in seeking justice. If magistrates, when applied 
to for civil processes without good reasons, should endeavor 
to discourage those who make application, and to effect an 
amicable settlement of disputes, the expense of lawsuits, as 
well as the ill-will and revenge which they engender among 
men, would often be prevented. 

§ 111. Justices are, in some of the states, elected by the 
people as other town officers. It may be a sufficient reason 
for not having them appointed as the higher judicial officers, 


the trial. What is the judgment ? § 109. Describe the manner of 
collecting a judgment. § 110. Why ought the costs of a suit to be 
paid by the losing party? § 111. How are justices of the peace 



PRINCIPLES OF GOVERNMENT. 


52 

that the central appointing power of the state cannot be 
sufficiently acquainted with the citizens of every town in a 
large state to make discreet selections; and as those making 
the appointment must rely in a great measure on the recom¬ 
mendations of others, they may, through misinformation, 
bestow the office upon improper persons. 

§ 112. There is also a court in every county, the judges 
of which are appointed, either by the legislature, or by the 
governor and senate, for a term of years, or during good 
behavior. It is generally called the court of common pleas. 
In courts of this kind are tried civil cases in which the sum 
in controversy is beyond the jurisdiction of a justice’s court. 
They also try causes referred to them by appeal from jus¬ 
tices’ courts. Their jurisdiction extends, in criminal cases, 
to the trial of offences punishable by fine or imprisonment 
in the county jail. These courts, from the superior ability 
of the judges, are presumed to be less likely to err in their 
decisions. Hence cases in which a large amount of prop¬ 
erty, or men’s liberty, is concerned, are with propriety sub¬ 
mitted to these courts for adjudication. 

§ 113. There is in every county a sheriff, elected by the 
people of the county, whose duties, as an officer of a county 
court, are similar to those of a constable in a justice’s court. 
County is the name given in England to the districts or ter¬ 
ritories that were under the government of counts or earls. 
They are also called shires . Officers were appointed in 
these shires to do certain acts in them, and were called 
sheriffs. Hence the name of sheriff is applied to the officer 
who is intrusted with the execution of the laws in each 
county. The duties of a sheriff and constable are in their 
nature executive. 

§ 114. There is also, in every state, a court, generally 
called the supreme court , or supreme judicial court. It is 
composed of judges eminent for their abilities and knowledge 
of the laws. In most of the states it possesses the highest 
judicial power, and is the last to which appeals may be made 
from the lower courts. The judges of the supreme court 


appointed ? § 112. How are county courts constituted? What causes 
are tried in these courts? § 113. What are the duties of a sheriff? 
How did the names of county and sheriff originate? § 114. How is 



Judicial power. 5$ 

are appointed either by the executive and senate, or by the 
legislature, for a term of years, or during good behavior. 

§ 115. Courts for the trial of persons charged with crimes 
punishable by imprisonment in the state prison and by death, 
are differently constituted. They are sometimes called 
courts of oyer and terminer. They are held in the county 
in which the crime has been committed, by a judge of the 
supreme court, or of some other court higher than a county 
court, who goes once a year, or oftener, into the several 
counties of the state, for the purpose of trying* criminals. 
The judges of the county court in the county in which the 
court is held, are associated with him in holding this court. 

§ 116. There are also courts of equity or chancery; but 
it is believed a court of this kind, separately and distinctly 
organized, does not exist in any state except New-York. 
Chancery powers are usually exercised by judges of the 
supreme court. The intention of instituting this court ori¬ 
ginally was, to afford that relief which equity requires, but 
which cannot be had in courts of common law. For in¬ 
stance, a person, having contracted to sell a piece of land, 
refuses to fulfil or execute the contract. The purchaser 
may, in a court of law, obtain damages of the seller for the 
non-fulfilment of the contract; but he cannot oblige him to 
execute it. To compel its performance, an order or decree 
of the court of chancery is requisite : and if the vendor will 
not execute a deed of conveyance, it may be done by a per¬ 
son authorized by law. 

§ 117. This court, by injunction, prohibits persons from 
doing acts that are against equity. A judgment debtor may 
be restrained from disposing of his property; banks may be 
stopped from doing farther business in case of supposed in¬ 
solvency or unfairness in their operations; proceedings in 
law may be stayed; persons may be restrained from com- 
mitting wastes or injury on lands ; and many other like re- 
straints may be imposed, and protection afforded, by in¬ 
junction. 


a supreme court constituted? § 115. What are courts of oyer and 
terminer? How constituted? § 116. What is the intention of the 
institution of courts of equity or chancery ? Give an example to illus- 
tratc its objects and powers. § 117. What acts does it prohibit? 

5 * 



54 


PRINCIPLES OF GOVERNMENT. 


§ 118. A trial in a court of equity is, both in its begin* 
ning and progress, different from a trial in courts of com¬ 
mon law. The plaintiff commences his suit by a complaint 
in writing to the court, which is called filing a bill in chan¬ 
cery. The court issues, a process commanding the defend¬ 
ant to appear before the court on a certain day, to answer 
to the complaint. The answer also is in writing, and sworn 
to by the defendant. Witnesses, if there be any, are ex# 
amined on both sides; but if there be none, the court de¬ 
cides upon the evidence of the parties themselves, who are 
always on oath. If the defendant does not appear to answer 
to the complaint, the decree of the court is made upon the 
facts set forth in the complainant’s bill. 

§ 119. Courts of probate, of which there is one in. each 
county, are instituted to prove the genuineness and validity 
of wills, and to dispose of and settle the estates of persons 
dying without a will. Probate , from the Latin, means proof. 
Hence its use in expressing the right or jurisdiction of proving 
wills. A probate court is held by a judge called judge of 
probate. In the state of Ncw-York, this officer is called 
surrogate , originally signifying the deputy of an ecclesias¬ 
tical judge or bishop. In England the bishops had the right 
to settle the estates of persons deceased. 


CHAPTER XIII. 

Institution of Juries. 

§ 120. The courts of law in the United States, as it re¬ 
gards their jurisdiction, as well as the principles of their 
organization, appear to be well adapted to ensure a correct 
and impartial administration of justice. The best judges, 
however, are fallible men, liable to err in judgment, or to 
be biased in their decisions. Hence, an additional safe- 


§118. Describe the commencement and progress of a trial in this 
court. § 119. What are probate courts ? Define probate and surrogate. 
§ 120. What is the object of juries ? § 121. How is a jury consti- 




JUDICIAL POWER. 


55 


guard to the liberties and rights of citizens has been pro¬ 
vided in the institution of juries. 

§ 121. A jury is a body of men who sit on a trial, and 
who are sworn to deliver the truth upon the evidence given 
them touching the matter in question. The declaring of 
this truth is called, bringing in a verdict. Verdict, from the 
Latin words vere, true, and dictum , saying, means a true 
saying. A jury usually consists of twelve men. In civil 
eases before a justice of the peace, a jury, in some states 
at least, is composed of only six men. All the jurors must 
agree in a verdict, or the case is not decided. The jury 
which, ini courts of record, tries issues of fact, is called a 
petit jury , in contradistinction to grand juries of the same 
courts. 

$ 122. By the constitution of the United States, the right 
of trial by jury is guarantied to every citizen in suits at law, 
in which the sum in controversy exceeds twenty dollars. 
And as this constitution is the supreme law of the land, all 
the state constitutions must of necessity conform to it. No 
person is obliged to submit a question involving the right 
of property to any considerable amount, to the decision of 
judges in whose ability or integrity he has not full confi¬ 
dence. This provision in the national constitution, securing 
this right in all cases wherein the sum exceeds twenty dol¬ 
lars, does not prohibit a state from granting the privilege 
when the sum is of less amount. In many, perhaps a ma¬ 
jority of the states, a jury is allowed to either party request, 
ing it, however small the sum in dispute may be. 

§ 123. In the more important cases in which the liberties 
and lives of citizens are concerned, besides the security to 
the rights of persons afforded by the right of trial by jury, 
additional protection to innocence is provided by the institu¬ 
tion of grand juries. As a person might, upon a false ac¬ 
cusation, be imprisoned to await a trial, and thus be unjustly 
deprived of his liberty for a long time, it has been made the 
supreme law of the land, that no person shall be held to 
answer for a capital or other infamous crime, unless on a 
presentment or indictment of a grand jury. An indictment 


tuted ? What means verdict ? § 122. How is the right of trial by 

jury secured? To what extent? § 123. Why are grand juries neces- 



56 


PRINCIPLES OF GOVERNMENT. 


is a written accusation , of a crime, made by a grand jury 
under oath to a court. 

§ 124. A grand jury consists of not less than twelve nor 
more than twenty-three men, who attend the sittings of 
court, to inquire into complaints against persons accused 
of crimes. They are*sworn by a judge of the court to 
make a tine presentment of all matters that may be sub¬ 
mitted to them. They repair to a separate apartment, 
where they inquire into the truth of the complaints that are 
brought before them. If, from the testimony of witnesses, 
it shall appear to them that a person complained of is guilty 
of the crime alleged against him, they declare that he ought 
to be tried. If twelve of the jurors unite in this declaration, 
an indictment is drawn up, signed by the foreman of the 
jury, and carried by the jury into court. The accused may 
then be arrested, and put on trial. 

§ 125. A proper mode of obtaining juries in courts of 
record, and which is practised to some extent, is the follow¬ 
ing :—The proper authority in each town makes a list of 
persons residing therein, who shall be of approved integrity, 
of sound judgment, and well informed; and transmits the 
same to the clerk of the county. The clerk, before the 
holding of every court, draws the names (previously written 
on slips of paper, and put into a box) of a sufficient number 
of persons to serve as jurors, who are summoned by the 
sheriff to attend the sitting of the court. 

§ 126. But while justice is thus secured to the innocent, 
provision has, with equal propriety, been made for ensuring 
the punishment of the guilty. If offenders were allowed to 
go at large until they could be indicted by a grand jury, they 
might, in most cases, escape from justice. Any person, 
therefore, having knowledge of any crime, may immediately 
make complaint, on oath, to a justice of the peace, who there, 
upon issues a warrant for the apprehension of the offender. 
If, upon due examination before the justice, the charge ap¬ 
pears to be well founded, the justice may order the accused 
to be committed to the jail of the county for safe keeping. 


sary ? What is an indictment ? § 124. Of what number does a grand 
jury consist ? Describe the proceedings of a grand jury. § 125. How 
are jurors selected and obtained ? § 126. In what manner are offend- 



TAXATION. 57 

until, at the next sitting of the court, complaint may be made 
to the grand jury. 

§ 127. The party accused may, however, be set at liberty, 
by giving bail for his appearance before the court at its next 
session. Bail is a word derived from a French word, signi¬ 
fying to deliver. As here used, it means the security given 
by the party restrained, by means of which he is delivered 
into the hands of those that bind themselves for his forth¬ 
coming. He gives a writing called a bond, with one or 
more persons as sureties, who bind themselves for his ap¬ 
pearance in court. He is then bailed or delivered to his 
sureties as keepers, and set at liberty. The sureties may, 
whenever they shall deem it necessaiy for their own security, 
cause him to be taken, and committed to jail for safe keep¬ 
ing until the day of trial. In default of his appearance at 
court, the sureties become liable to pay the sum specified in 
the bond. 


CHAPTER XIV. 

Taxation.—Direct and Indirect Taxes . 

§ 128 . It is evident that much expense is incurred by 
every government in carrying on its operations. It is not 
to be expected that men will leave their private business to 
serve the public without an adequate reward. Provision 
must be made for the compensation of all the officers of the 
general administration of the state. These are members 
of the legislature; the governor and other executive state 
officers; the judges and other officers of the state courts; 
besides numerous clerks and other persons appointed to 
assist in the several departments of the government. 

§ 129. Secondly, county expenses. These are made up, 
chiefly, of the fees of the judges and other officers of the 


era apprehended to secure their trial ? § 127. What is the meaning 
of bail ? Describe the process of executing bail. 

§ 128. Why is taxation necessary ? What state officers are paid 
out of the treasury ? § 129. What expenses accrue in the several 




58 


PRINCIPLES OF GOVERNMENT. 


county courts, and of all other persons who transact business 
for the county; the costs of all criminal prosecutions in the 
county; including the compensation of grand and petit ju¬ 
rors ; the cost of the court-house, jail, and other necessary 
county buildings; and the expense of supporting the poor 
of the county, where provision is not made for their support 
in the several towns. 

§ 130. The affairs of each town also require the services 
of a considerable number of officers. There are one or 
more persons who have a general supervision over the af¬ 
fairs of the town; a clerk to keep the records of the town; 
a board oi assessors to take the valuation of the property 
or estates of the inhabitants ; commissioners to lay out and 
superintend the repairing of roads and bridges; persons 
whose duty it is to provide for the support oi the poor; 
commissioners to transact business relating to schools; a 
collector of taxes; together with the necessary number of 
justices and constables. 

§ 131. A government must then, of necessity, possess the 
power of providing the means of its support. This power 
is the power of taxation. A tax is a rate or sum of money 
assessed upon the property of a citizen by government for 
the use of the state or nation. A tax is sometimes laid upon 
the person of a citizen. This is called a capitation or poll 
tax. Poll means head. Capitation signifies the enumera¬ 
tion of heads or persons. Hence the use of the term capita¬ 
tion tax. Both these kinds of taxes are called direct taxes , 
because they are laid directly upon the property and person 
of the citizen. 

§ 132. The justice of poll taxes has been much questioned; 
and they are imposed in this country to a very limited ex¬ 
tent. It is only in extraordinary emergencies that the levy¬ 
ing of these taxes can be justified. The general rule, and 
that which appears* to be the most equitable, is to assess 
taxes upon the citizens according to their respective abilities 
or means of contributing. They ought therefore to be laid 
upon the property possessed or used by individuals ; and to 


counties ? § 130. What in the several towns ? § 131. What is a tax ? 
A capitation tax ? Why are these called direct taxes ? § 132. Which 
of these kinds of taxes is most equitable? § 133. Illustrate by ex- 



TAXATION. 


59 


be equal, they must be imposed according to the actual value 
of the property to be assessed. 

§ 133. A proper mode of distributing and apportioning 
the amount to be raised by taxation, may be supposed to bi¬ 
as follows : The sum to be collected for paying the expenses 
of the general administration of the state, and to be paid into 
the state treasury, is apportioned among the several counties 
in proportion to the amount of taxable property in each. 
To the sum so charged to each county, are added the county 
expenses for the year. This amount is divided among the 
several towns in the county in proportion to the value of the 
taxable property in each town. To each town’s quota of 
the sum thus apportioned is added the expense of each town 
lor the year. The amount of these constitutes the sum total 
of taxes to be collected therein. Taxes are collected in each 
town by a person elected for that purpose, and paid by the 
collector to the treasurer of the county, by whom the money 
is paid to all persons having claims on the treasury. 

§ 134. Many state treasuries are supplied, in whole or in 
part, by the interest or income of the property or funds of 
the state set apart for this purpose. Canals and rail-roads 
made by the state, are the property of the state; and the 
tolls collected from these public works often constitute a 
large portion of its revenue. Revenue is the annual rents, 
profits, or interest of the public property, and taxes, received 
into the treasury for the use of the'State. Revenue is also 
the produce of duties, imposts, customs, and excises, which 
a nation or state collects for public use. The power, how¬ 
ever, to lay and collect these belongs principally to the 
national government; and the revenue accruing from this 
source goes into the national treasury, and is used for na¬ 
tional purposes. 

§ 135. Duties, imposts, and excises, are called indirect 
taxes , because they are not laid directly upon the citizen, in 
proportion to the amount of property he possesses; they 
merely affect the expense of the goods which he purchases 
for his use or consumption. They are laid, for the most 


ample the proper mode of laying and collecting taxes? § 134. By 
what means are state treasuries sometimes partially supplied? What 
is revenue ? § 135. Why are duties, imposts, and excises called in- 



60 


PRINCIPLES OF GOVERNMENT. 


part, upon goods imported; that is, goods brought from a 
foreign country. The effect of an indirect tax upon the 
consumer may be thus illustrated: 

Government, wishing to increase the revenue, lays a duty 
or tax of ten cents a pound on tea imported. The amount 
of this duty, though advanced by the importer, is paid to him 
again by the retail merchant, to whom again it is repaid by 
the consumer, in the augmented price of the article. But 
though this tax falls in the end on the consumer, he may 
avoid paying it by giving up the use of the article taxed. 

§ 136. Duties, imposts, and excises, though they are all 
comprehended in the term, indirect taxes, are words some¬ 
what different in their signification. Duties or customs are 
taxes levied upon goods imported or exported. The word 
imposts does not properly apply to goods exported, but only 
to those which are imported. Excise generally means an 
inland duty on commodities sold or consumed. Thus the 
tax paid by the retailer of distilled liquors is called an excise 
tax. As the power of indirect taxation is, by the constitu¬ 
tion of the United States, vested principally in the general 
government, the nature of duties, and the mode of collecting 
them, are more appropriate subjects for consideration in 
another part of this work. (§ 265-281.) 


direct taxes? Illustrate the operation of duties, by an example. 
§ 136. Give a definition of the terms, duties, imposts, and excises. 




PART SECOND. 


GOVERNMENT OF THE UNITED STATES. 

H 


CHAPTER I. 

Settlement and Government of the Colonies. 

§ 137. A brief history of the settlement and political in¬ 
stitutions of the American colonies is deemed useful in this 
place, especially to young persons. A recital of the sacri- 
fices which were made to establish the independence of these 
states, cannot fail to inspire youth with sentiments of genuine 
patriotism ; and a knowledge of the government of the colo¬ 
nies, and of the changes effected in them from time to time, 
will enable them the better to understand the nature and 
objects of the constitution. 

§ 138. In 1492, America was discovered by Christopher 
Columbus; an expedition having been fitted out for that 
purpose by the Spanish government, at his earnest solicita¬ 
tions. His discovery, however, was confined to the West 
Indies. The English were the people that first discovered 
the continent of America. This discovery was made in the 
year 1497, by Giovanni Cabot and his son Sebastian, who 
were commissioned by Henry VII. to sail in quest of new 
countries. 

§ 139. Of the thirteen colonies whose delegates signed 
the Declaration of Independence, all but Georgia were settled 
in the seventeenth century. A colony is a settlement of per¬ 
sons in a distant place, who remain subject to the govern¬ 
ment of the parent country. With few exceptions, the 
colonists were Englishmen. The settlements were chiefiy 


Exercises. —§ 138. When, and by whom, was America discovered 0 
4 139. When were the thirteen colonies settled ? By what people ? 

6 




62 


GOVERNMENT OF THE UNITED STATES. 


made at a time of great political excitement in the parent 
country, caused by encroachments of the crown upon the 
liberties of the people. Multitudes annually fled hither to 
find a refuge from oppression. Also the attempt on the 
part of the government, to enforce conformity to the estab¬ 
lished church, brought many to this country, where they 
might enjoy freedom of conscience in matters of religion. 

§ 140. In 1606, two companies of merchants and others 
were incorporated under the names of the London company 
and the Plymouth company , with the exclusive right of set¬ 
tling and trading within their respective limits. In 1607, 
the London company sent to "Virginia a colony of 100 men, 
which, in consequence of war with the natives, scarcity of 
food, and disease, was reduced in a few months to 38. In 
October, 1609, the number had been increased by new 
colonists to 500; but a famine reduced them in about six 
months to 60. In 1613, the land which had before been 
held in common, was distributed to each individual. 

§ 141. If it should be asked, by what right the nations 
of the eastern continent took possession of the lands in this 
country, it may be answered, by the same right as that by 
which a nation of some remote part of the globe, having no 
knowledge of the United States, should assert its claim to 
the soil of this country on making a discovery of it. The 
nations of Europe founded their claim on the right of dis¬ 
covery ; a right which the present proprietors of the Ameri¬ 
can soil would not readily concede to any other people 
claiming it on the same grounds. 

§ 142. The supreme government of the colonies, on their 
first establishment, was vested in a council residing in Eng¬ 
land, and was nominated by the king ; the subordinate juris¬ 
diction, in a council which was to reside in America, also 
to be named by the king, and to act in conformity to his in. 
structions. This charter being found inconvenient, a new 
one was granted by James, enlarging the colony, abolishing 
the council in Virginia, and vesting the government in one 
residing in London. 


What is a colony ? § 140. At what time was the first colony planted ; 
and where? By what company? § 141. On what ground was the 
soil claimed by the Europeans ? § 142. In what bodies was the gov 



HISTORY OF THE COLONIES. 


63 


§ 143. In 1619, a great change was effected in the gov¬ 
ernment of the colony. A general assembly, the first that 
was held in Virginia, was called by the governor. Eleven 
boroughs sent representatives to the convention. The su¬ 
preme authority was divided between the governor, a coun¬ 
cil of state appointed by the company in England, and a 
general assembly elected by the people with the power to 
enact laws. In 1624, the displeasure of king James having 
been excited by the change that had been made in the gov¬ 
ernment of the colony, the charter was declared forfeit, and 
the company dissolved. 

§ 144. The Plymouth company, which had the exclusive 
right to trade and settle in North Virginia, did nothing 
effectual towards colonizing their territory, extending from 
the 38th to the 45th degrees of north latitude. But in 1620, 
a number of Puritans embarked on a voyage with a design 
of settlement on the Hudson. But by accident, as some 
suppose, they, were landed at Cape Cod, within the limits 
of the Plymouth company : or, as is generally believed, by 
the treachery of the Dutch, who themselves contemplated 
settling on the Hudson, they were, against their intention, 
compelled to land on the shores of Cape Cod. Puritans 
was a name given to those who dissented from the estab¬ 
lished church, because they wished for a purer form of dis¬ 
cipline and worship, as many of the ancient forms and cere¬ 
monies of the Romish church were still continued. 

§ 145. Not having contemplated any plantation at this 
place, they had not obtained any charter from the company. 
Destitute of any right to the soil, and without any powers 
of government, on the 11th of November, before they landed, 
they drew up and signed a compact, in which, after acknow¬ 
ledging themselves to be subjects of the crown of England, 
they declared as follows :. 

§ 146. “ Having undertaken, for the glory of God, and 
the advancement of the Christian faith, and the honor of 
our king and country, a voyage to plant the first colony in 


emment of the colonies vested, on their first establishment ? § 143. 

What changes took place in 1619 and 1624? § 144. Where, and in 
what year, did the Plymouth company make their first settlement ? 
What is the meaning of Puritans ? § 145. At what season of the 

year did they land ? § 146. What is the nature of the form of govern- 



64 


GOVERNMENT OF THE UNITED STATES. 


the northern parts of Virginia, we do, by these presents, 
solemnly and mutually, in the presence of God and of one 
another, covenant and combine ourselves together into a 
civil body politic, for our better ordering and preservation, 
and furtherance of the ends aforesaid; and by virtue hereof 
do enact, constitute and frame such just and equal laws, 
ordinances, acts, constitutions, and offices, from time to time, 
as shall be thought most meet and convenient for the general 
good of the colony; unto which we promise all due submis¬ 
sion and obedience.” This was the earliest American con¬ 
stitution, and was signed by 41 persons. It was in sub¬ 
stance a pure democracy. 

§147. The* company, including women and children, 
amounted to 101. They proceeded to examine the coast, 
and finally determined to settle in a place called New Ply¬ 
mouth. Exhausted by the fatigues of the sea, and suffering 
from a want of suitable provisions and shelter, nearly one 
half of their number died within four months after their 
landing. They continued for ten years to hold their goods 
and property in common, when they obtained from the com¬ 
pany a grant of the land, which they had before held only by 
occupancy. At this time their number did not exceed three 
hundred. For many years they continued a mere voluntary 
association, governed by laws and magistrates formed and 
chosen by themselves, until they were incorporated with 
Massachusetts, in 1692. 

§ 148. In 1628, the Massachusetts colony was settled by 
a company incorporated by royal charter, the land having 
been previously purchased from the Plymouth company. 
In 1630, the government of the colony was transferred to 
Massachusetts, by a vote of the company. A few years 
later, the freemen adopted the plan of acting by delegates 
or representatives, and the charter of a trading company 
was converted into the constitution of a commonwealth. 
This unauthorized assumption of power, as well as their 
religious principles, rendered the Puritans obnoxious to the 
court party at home, and led the Plymouth company to re- 


ment which they drew up before they landed ? § 147. At what place 

did they settle ? How were they governed ? How long ? § 148. When 
was the Massachusetts colony settled? How was it governed? 



HISTORY OF THE COLONIES. 65 

sign their charter to the king; and Massachusetts, like Vir¬ 
ginia, was taken into royal hands. 

§ 149. But such was the disturbed state of England, that 
these distant and insignificant colonies attracted little notice, 
and were left to grow up in habits of self-government, their 
numbers at the same time increasing by such as were un¬ 
successful in the civil strifes at home. The persecuted 
Puritans fled to New England, the Catholics to Maryland, 
and the defeated royalists to Virginia. 

§ 150. New York was settled by the Dutch, in 1614, and 
was held by them fifty years. It was, however, claimed by 
England, having been discovered by Henry Hudson, in 1608, 
who entered the bay of New York, and sailed up the river 
to latitude 43 degrees north. He did not attempt to land 
and form a settlement, contenting himself with claiming the 
country for his sovereign, James I., by right of discovery. 
The English asserted that Hudson was employed by their 
government, and that he sold the country to the Dutch with¬ 
out authority. The Dutch maintained that he was in the 
service of the Dutch East India company at the time; and 
they made their settlements without interruption for many 
years. In 1664, the colony was occupied by the English ; 
and the territory now comprising New York, New Jersey, 
Pennsylvania, Delaware, and a part of Connecticut, was 
granted by Charles II. to his brother, the duke of York. 

§ 151. New Jersey was settled by the Dutch, in 1624, 
and occupied by the English in 1664. New Hampshire 
was first settled in 1623, at Andover and Portsmouth. 
Delaware was settled by the Dutch in 1627, and occupied 
by the English in 1664. Some Swedes settled here in 1638, 
but they were conquered by the Dutch, and most of them 
left the country. Maine was settled in 1630, and united 
with Massachusetts in 1677. Maryland was settled in 1633, 
and was the first colony that was governed directly as a 
province of the British empire. Its founder was Sir George 


§ 149. What effect had the disturbed state of England upon the 
colonies? §150. By whom, and when, was New York settled? 
By whom, and on what ground was it claimed ? When was it occu¬ 
pied by the English? § 151. Wlien was New Jersey settled? New 
Hampshire ? Delaware ? Maine ? Maryland ? Rhode Island ? Con¬ 
necticut ? North and South Carolina ? Pennsylvania ? Georgia ? 

6* 


5 



66 


GOVERNMENT OF THE UNITED STATES. 


Calvert, a Roman catholic nobleman. Rhode Island was 
settled in 1636. Connecticut was settled from Massachu¬ 
setts in 1632. New Haven, settled in 1637, was united 
with Connecticut in 1662. North and South Carolina were 
settled about the year 1660. Pennsylvania was founded as 
a^colony by William Penn in 1681. Georgia was settled 
in 1732. 

§ 152. Of the forms of government which prevailed in 
the colonies, there were three; the charter, the royal or 
provincial, and the proprietary governments. The charter 
governments were those of New England. These charters, 
or grants of the crown, conferred on the colonists, not only 
a right to the soil, but also the privileges of natural-born 
subjects. They elected their own governors and legislative 
assemblies, and established courts of justice ; and in some 
points even exceeded the powers conferred by the charters. 
The only limitation to their legislative power was, that their 
laws should not be contrary to those of England. The 
crown claimed the right to revoke these charters; but the 
colonists maintained that they were solemn compacts, and 
that they could not be revoked without cause. The charters 
were sometimes declared forfeited, or forcibly taken away; 
and the disputes to which this question gave rise, between 
the mother country and the charter governments, constituted 
one of the causes of the revolution. 

§ 153. The royal governments were those of Virginia, 
New York, and, at a later period, the Carolinas, (1728,) 
and the Jerseys, (1702.) In these colonies, the governor 
and council were appointed by the crown, and the repre¬ 
sentatives to the colonial assemblies were chosen by the 
colonists. The governor obeyed the instructions of the 
crown, and had a negative power on the proceedings of the 
legislature, which was composed of the council and assem¬ 
blies. The judges and most of the officers were also ap¬ 
pointed by the king, although in many cases paid by the' 
colony. The arbitrary acts of the governors, and the royal 
claim to an absolute veto on the acts of the assemblies, be¬ 
came sources of much discontent, as the exercise of these 


§ 152. What forms of government prevailed in the colonies ? What 
were the charter governments ? Describe them. § 153. Where were 



HISTORY OF THE COLONIES. 


67 


powers was virtually taking from the people the right to 
participate in the government. 

§ 154. The proprietary governments were those of Mary¬ 
land, Pennsylvania, Delaware, and, at first, those of the 
Carolinas and the Jerseys. These colonies were in the 
hands of proprietors, or individuals to whom grants of land 
had been made by the crown, with authority to establish 
civil governments and make laws, under certain restrictions. 
The proprietors appointed the governor; and they had power 
to repeal or negative the acts of the assemblies: and the 
exercise of this power was a source of continual quarrels 
between the people and the proprietors. 

§ 155. In 1719, the people of Carolina took the govern¬ 
ment into their own hands. The governor, council, and 
assembly, were all elected by the people. A declaration of 
independence was published, setting forth the causes of their 
renouncing the former government, and signed by all the 
members of the new government. The oldest laws of the 
Virginia assembly, (1624,) comprise a declaration defining 
the power of the governor and the assembly, and asserting 
the privileges of the people in regard to taxes and personal 
services. 

§ 156. At an early period in the existence of the New 
England colonies, (1643,) a confederation was formed be¬ 
tween them for mutual offence and defence, leaving to each 
colony its own government, while the common affairs of the 
confederacy were managed by a congress, consisting of two 
commissioners from each colony. 


the royal governments? Describe them. § 154. Where were the 
proprietary governments? Describe them. § 155,156. What occur¬ 
rences took place in the years 1719, 1624, and 1643 ? 



68 


GOVERNMENT OF THE UNITED STATES. 


CHAPTER II. 

Causes of the Revolution—Independence declared — Confed¬ 
eration—Adoption of the Constitution . 

§ 157. As early as the seventeenth century, the question 
of taxation became a subject of common interest in the 
colonies. The colonists disputed the right of parliament to 
tax the colonies. It was believed that the power of the 
British government extended only to the regulation of trade.' 
Having surmounted the hardships and difficulties which at¬ 
tended their first establishment, and having made consider¬ 
able advances in commerce and manufactures, the freedom 
of commerce which they had so long enjoyed began to be 
interrupted. Their trade was restricted by the imposition 
of unjust taxes for the benefit of the mother country. 

§ 158. By the act of 1651, none but British or colonial 
vessels were allowed to participate in the export and import 
trade. Another act, passed in 1660, enacted that certain 
articles should not be exported directly from the colonies to 
any foreign country; thus compelling the colonists to sell 
their produce in no other than British markets. It was 
next provided, (in 1663,) that they should buy such foreign 
articles as they needed entirely of the merchants and manu¬ 
facturers of England. Duties were even imposed on certain 
colonial products transported from one colony to another. 

§ 159. All attempts to manufacture such articles as the 
mother country could provide, were discouraged. In 1699. 
it was enacted, that no wool, yarn, or woollen manufactures, 
should be exported from the American colonies; and in 
1750, every slitting or rolling mill, plating forge to work 
with a tilt hammer, or other machinery, was declared to be 
a common nuisance, which the governors were directed to 
cause to be abated. It is true, however, that many of these 
and similar acts of parliament were openly disobeyed or se- 


§ 157. What important question arose in the seventeenth century ? 
$ 158. What were the objects and effects of the respective acts of 
1651, 1660, and 1663 ? § 159. What was the object of the act of 
1699 ? What occurred in 1750 ? § 160. Were measures taken to 



HISTORY OF THE REVOLUTION. 69 

cretly evaded, being considered by the colonists as violations 
of their rights. 

§ 160. Measures were at length taken by the ministry, 
not only to enforce such acts, but to raise a revenue in 
America by internal taxation. In 1765, the obnoxious stamp 
act was passed, by which obligations in writing in daily use 
were to be null and void, unless they were executed on a 
paper or parchment stamped with a specific duty. News¬ 
papers, almanacs, and pamphlets, printed in America, were 
to be made to contribute to the British treasury. About the 
same time, a bill was brought in authorizing the quartering 
of troops in the colonies. 

§ 161. As might have been expected, the colonists were 
unwilling to submit to these acts and measures. A general 
congress, the first of the kind, was held at New York, which 
adopted a declaration of rights and grievances, asserting 
taxation by themselves, and trial by jury, to be inherent 
rights of British subjects in the colonies. The colonial as- 
semblies adopted similar measures ; meetings of the people 
were held; and the whole country was set in a flame. 

§ 162. So violent was the opposition to the stamp act, 
that on the first of November, the day on which the act was 
to have taken effect, neither stamps nor officers were to be 
found ! In this state of affairs, the act was repealed, (March, 
1766.) At the same time, by a declaratory act, parliament 
asserted the right to bind the colonies in all cases whatso¬ 
ever. In 1767, a bill was passed imposing a duty on glass, 
paper, paints, and tea, imported into the colonies; and troops 
were quartered in Boston to enforce obedience. 

§ 163. But combinations having been formed by the Amer¬ 
icans against the importation of these, articles, the act was 
repealed, March, 1770, the duty on tea alone being contin¬ 
ued. Accordingly the colonists renounced the use of that 
article, or obtained it from other countries: in consequence 
of which, an act was passed in 1773, allowing a drawback 


enforce these acts ? What act was passed in 1765 ? § 161. How did 

the colonists regard these acts ? Where was the first congress held ? 
What measure was adopted? § 162. When was the stamp act re- 
pealed ? What did parliament declare at the same time ? What bill 
was passed in 1767 ? § 163. What caused the repeal of this act ? 



70 


GOVERNMENT OF THE UNITED STATES. 


on tea exported to America, for the purpose of rendering it 
cheaper, and inducing the Americans to submit to the small 
duty imposed upon it. Large shipments of tea were accord, 
ingly made; but in New York and Philadelphia the vessels 
were not allowed to land their cargoes; in Charleston it was 
stored, but. not permitted to be offered for sale ; and in Bos¬ 
ton, after several unsuccessful attempts to prevent its being 
landed, a party of men, disguised as Indians, boarded the 
tea ships, and threw the tea overboard. This occurred 
December 1G, 1773. 

§ 164. In the following spring, by an act of parliament, 
called the Boston port bill, passed March 17,1774, the port 
of Boston was closed, and the landing and shipping of goods 
were ordered to be discontinued. The custom-house and 
trade, and the session of the court, were removed to Salem, 
and the charter altered, taking the whole executive govern¬ 
ment from the people, and vesting the appointment of the 
important officers in the crown. It was also enacted, that 
a person indicted for a capital offence, committed in aiding 
the magistrates, might be sent to Great Britain for trial. 
In the same year, general Gage, the British commander-in- 
chief, and governor of Massachusetts, arrived in Boston to 
enforce the Bostonians into a compliance to the oppressive 
acts of parlianfient. 

§ 165. In this crisis, the other colonies made common 
cause with Massachusetts. Deputies from most of the co¬ 
lonies met in congress at Philadelphia, September 5, 1774, 
Congress published a declaration of rights, protesting against 
the right of Great Britain to tax the colonies, or to interfere 
in their internal policy; with a statement of grievances, de¬ 
claring the late acts of parliament to be violations of the 
rights of the colonists. They next proceeded to interrupt 
all commercial intercourse with Great Britain, pledging 
themselves not to import or use British goods till the acts 
complained of should be repealed. Addresses, petitions, 
and remonstrances were resorted to, but all to no effect. 
Instead of changing its policy, the British government 


"What is related concerning the article of tea? § 164. What bill was 
passed March 17, 1774? What else occurred the same year? § 165. 
What action on the part of congress and the people did these measures 



HISTORY OF THE REVOLUTION. 71 

imposed additional restrictions upon the trade of the 
colonies. 

§ 166. Preparations now began to be made for resistance. 
Gunpowder was manufactured, the militia was trained, and 
military stores were collected. In April, 1775, a detach, 
ment of troops was sent to destroy the military stores col. 
lected at Concord. At Lexington, the militia were collected 
to oppose the incursion of the British forces. They were 
fired upon by the British troops, and eight men were killed. 
After having proceeded to Concord, and destroyed a few 
military stores, the troops returned, and were pursued by 
the Americans to Boston. Here was spilled the first blood 
in the war which severed the American colonies from Great 
Britain. 

§ 167. In May, 1775, a second congress met from all the 
states, and immediately determined to organize an army; 
and Washington was appointed, June 15, commander-in. 
chief of the colonial forces. Congress authorized the emis¬ 
sion of two millions of dollars in bills of credit, for the re¬ 
demption of which the colonies were pledged ; and an appor- 
tionment was made of the quota to be paid by each colony 
of the bills emitted. A general post-office was established; 
and rules were framed for the government of the army. 
Congress also published a solemn declaration of the causes 
of taking up arms, an address to the king, entreating a 
change of measures, and an address to the people of Great 
Britain, requesting their aid, and admonishing them of the 
threatening evils of a separation. 

§ 168. At the next meeting of the same congress, rules 
were adopted for the regulation of the navy; a farther emis¬ 
sion of bills -was authorized; and a treasury department 
was established. A general system of measures for resist¬ 
ance was now adopted throughout the colonies. General 
Washington had been at Cambridge at the head of the army, 
whose term of service expired with the year 1775, without 
ammunition, and but imperfectly supplied with arms. 

§ 169. By the beginning of March, 1776, 14,000 regular 


produce ? § 166. What memorable event took place in April, 1775 ? 

9 167. When did the second congress meet ? What measures did it 
adopt ? § 168. What measures were adopted at the next meeting 



72 GOVERNMENT OF THE UNITED STATES. 

troops had been enlisted, and the British were obliged to 
evacuate Boston, March 13. On the 10th of June, a com. 
mittee was appointed by congress to prepare a declaration, 
w that these colonies are, and of right ought to be, free and 
independent states.” On the 11th of June, a committee was 
appointed to prepare a form of confederation between the 
colonies. On the 2d day of July, congress adopted the 
resolution of independence; and on the 4th of July, they 
adopted the declaration of independence. 

§ 170. Congress consisted of delegates from thirteen in. 
dependent states, with little more authority than that of ad¬ 
vising the states to adopt certain measures. Money could 
not be raised without the consent of the states, which were 
held together by the force of circumstances, congress having 
no power to enforce obedience. But during the heat of the 
revolutionary contest, men were little disposed to discuss or 
scrutinize such subjects; and the people confided in the 
wisdom of congress, and yielded to its authority. 

§ 171. But in order to give stability to the union, and to 
define more precisely the nature of the federal compact and 
the powers of congress, articles of confederation were agreed 
on by congress, November 15, 1777, and submitted to the 
state legislatures for approval and ratification. The articles 
bear date July 9, 1778: they were ratified the same year 
by all the states except Delaware and Maryland; by the 
former, in 1779; by the latter, the first of March, 1781,, 
being nearly five years after the first action on the subject 
by congress. By these articles, the exclusive control of our 
foreign relations, the right to declare war and make peace, 
and the right to make requisitions of men and money, were 
confided to congress. 

§ 172. But the confederation was in many respects de¬ 
fective. It did not possess the power to carry its own con¬ 
stitutional measures into effect; for, like all mere confedera¬ 
tions, the decrees of the federal government operated upon 
the states in their independent capacity, and not upon indi- 


of congress ? § 169. What important events occurred in 1776 7 

§ 170. What is said of the authority of congress prior to the confed¬ 
eration? § 171. For what purpose, and when, were the articles of 
confederation adopted ? § 172. Wherein consisted the defects of the 




HISTORY OF THE REVOLUTION. 


73 


vidual citizens. But perhaps the greatest defect was the 
want of power to provide for defraying the expenses of the 
government. Congress had the power to ascertain the sums 
necessary to be raised for the service of the United States, 
and to apportion the quota to each state : but as the power 
was reserved to the states to lay the taxes, and prescribe 
the time and manner of payment, it depended upon the 
good will of each of the legislatures of the thirteen inde¬ 
pendent states, whether any measure of defence could be 
carried into operation. And, when danger from abroad 
was past, this confederacy was found to be incompetent to 
govern the country. 

§ 173. The revolutionary contest was ended by the sur¬ 
render of Cornwallis, at Yorktown, to the combined Amer¬ 
ican and French forces under Washington and Rocham- 
beau. In the following year, a treaty was concluded be¬ 
tween Holland and the United States; and after long pro¬ 
tracted negotiations, a treaty of peace was signed September 
23, 1783, by which Great Britain acknowledged the inde¬ 
pendence of the United States of America. 

§ 174. The war was attended with great sacrifices. 
Without arms or pecuniary resources, congress was obliged 
to have recourse to a paper medium. During the first five 
years of the war, three hundred millions of dollars, in bills 
of credit, had been emitted; and no provisions were made 
for redeeming them, the states neglecting, or but partially 
complying with, the requisitions of congress. In 1780, these 
bills had so depreciated in value as to cease to circulate; 
the treasury was empty, the army unpaid, without clothing, 
and sometimes without food. 

§ 175. Partial relief was at this critical period afforded 
to the United States by grants and loans obtained from 
France and Holland. The whole amount received from 
these nations during the war amounted to nearly ten mil¬ 
lions of dollars. When peace took place, the public debt 
amounted to $42,000,000, on which congress was unable to 
pay even the interest. The requisitions and regulations of 


confederation? §173. When was the contest ended? When was 
a treaty of peace effected ? § 174. What was the state of the cur¬ 
rency during the war? § 175. Whence was relief obtained? What 



I 


74 GOVERNMENT OF THE UNITED STATES. 

that body were but little regarded by the states, and the 
country was fast approaching to a state of anarchy. 

§ 176. A change in the government now became neces. 
sary, as the only means likely to preserve the union. In 
February, 1787, congress passed a resolution calling a gen- 
eral convention of commissioners from the several states, to 
meet in Philadelphia in May, to revise and amend the articles 
of confederation. Delegates were accordingly appointed by 
all the states except Rhode Island. The convention assem¬ 
bled on the 25th of May; and, after a long and laborious 
session, and many compromises of interest and opinion, 
agreed upon the present constitution, which subsequently 
received the sanction of all the states of the union ; and the 
new government commenced proceedings under it on the 
4th of March, 1789. (§ 560.) 


CHAPTER III. 

Nature and Objects of the Union under the Constitution. 

§ 177. “We the people of the United States, in order to 
** form a more perfect union, establish justice, ensure domestic 
“ tranquillity, provide for the common defence, promote the 
u general welfare, and secure the blessings of liberty to our- 
“ selves and our posterity, do ordain and establish this consti- 
“ tution for the United States of America.”— Preamble to 
the Constitution. 

§ 178. The union under the confederation, as has been 
observed, had been found to be very imperfect. The states 
had severally entered, as expressed in one of the articles, 
“ into a firm league of friendship with each other, for their 
common defence, the security of their liberties, and their 
mutual and general welfare.” But as it was a mere league 


was the state of the country at the close of the war? § 176. When 
was the constitution framed and adopted ? 

6 177. What objects were intended to be accomplished by the con¬ 
stitution? § 178. State briefly the nature of the confederation. 





NATURE OF THE UNION. 


or treaty of alliance, “ each state retaining its sovereignty, 
freedom, and independence,” its binding force depended on 
the good faith of each of the states. Each party was its own 
judge of the meaning of the contract, and how far it was 
bound by it. If, therefore, this contract had been broken by 
either of the parties, remedy could be had only by resorting 
to the law of force, which, according to the law of nations, 
is to decide matters of difference between sovereign states. 

§ 179. Hence it appears that the union was merely a 
federal, not a national union. The word federal, is from 
the Latin, fcedus, which signifies league or contract. The 
union was not a national union. The people of the several 
states were not citizens of the United States, but of their re¬ 
spective states; and as such, they owed obedience to their 
respective state governments, and not to the federal govern¬ 
ment. This government was destitute of executive and ju¬ 
dicial powers, which are necessary in giving to a govern¬ 
ment a national character, as well as in rendering it strong 
and efficient. It had only a legislative power, and this was 
limited to a few objects. 

§ 180. The nature of the union under the present consti¬ 
tution, is briefly expressed in the preamble : “We the peo¬ 
ple of the United States, in order to form a more perfect 
union, do ordain and establish this constitution.” The con¬ 
federation was a union between the states. The states were 
parties to the contract. But the constitution was adopted by 
the people of the United States : not, however, in the capa¬ 
city of an aggregate political community, but by their repre¬ 
sentatives in state conventions, acting separately for them¬ 
selves and for their respective communities. It was ratified 
by the people of each state, in concurrence with the people 
of all the states, and thus became a mutual contract between 
all, and operating upon each citizen individually. 

§ 181. The character of the present union may be learn¬ 
ed, farther, from the design of the framers of the constitu¬ 
tion. It was stated in the convention, at the beginning of 
its session, that it was intended to form a more energetic 


$ 179. What is federal ? Of what essential powers was the confeder¬ 
ation destitute ? § 180. In what respect is the union under the con. 

Btitution different from the former? § 181, 182. What evidence is 



76 


GOVERNMENT OF THE UNITED STATES. 


government; and a resolution was adopted, declaring “ that 
a national government ought to be established, consisting of 
a supreme judicial, legislative, and executive.” And in re¬ 
porting to congress the result of their labors, the framers 
say: “ In all our deliberations we kept steadily in our view 
that which appears to us the greatest interest of every true 
American, the consolidation of our union, in which is in¬ 
volved our prosperity, felicity, safety, perhaps our national 
existence.” 

§ 182. The above resolution in favor of a national gov¬ 
ernment was strenuously opposed by several members of 
the convention, who were unwilling that the sovereignty of 
the states should be given up. They insisted that the peo¬ 
ple expected only an amendment of the confederation, and 
not a new form of government. And some of them, having 
lost all hope of carrying their point, left the convention long 
before its close. 

§ 183. The history of the formation and adoption of the 
constitution, corrects a very general misapprehension re¬ 
specting the origin and application of the term “ federal.” 
Those were called federalists , who, in the convention, op¬ 
posed the constitution, and were in favor of the then existing 
confederation of independent sovereignties; and the advo¬ 
cates of the constitution were, by way of contradistinction, 
called anti-federalists. But soon after, while the proposed 
constitution was before the people for their consideration, - 
those who were in favor of its adoption, took the name of 
federalists, and bestowed upon the other party the name of 
anti-federalists, thereby intimating that the opposers of the 
constitution Were opposed to any union of the states. One 
of the consequences of this change of the names of parties, 
has been the misapplication of the word federal to the present 
national government; whereas the term, “ federal govern¬ 
ment.” was originally applied to the confederation. 

§ 184. It will be seen, however, upon examination, that 
the government is not entirely national in its character, but 
that it still retains some of its original federative features. 
The act of establishing the constitution was in one respect 


there that the present is a national union ? § 183. To whom was the 

term “ federal” formerly applied ? § 184. What federal features are 



OBJECTS OF THE UNION. 


77 


a federal act: it was adopted and ratified by the people, not 
as individuals composing an entire nation, but as composing 
the distinct states to which they respectively belonged. The 
federal principle is observed too in the manner in which the 
senate is constituted. (§216.) The same principles will be 
found in sundry other provisions of the constitution. 

Having shown the nature of the union of the states under 
the present constitution, the objects of this union enumerated 
in the preamble will next be considered. 

§ 185. The first object of framing the constitution, was 
“ to form a more perfect union.” It had been the general 
opinion of the people, that their safety and prosperity re¬ 
quired that they should continue firmly united, for all general 
purposes, under one general government. But when the 
adoption of the constitution was depending, there were those 
who opposed the contemplated union,'and advocated a di¬ 
vision of the states into three or four distinct confederacies, 
or independent sovereignties. The pens of the ablest states¬ 
men and the purest patriots of that day, were drawn forth in 
defence of the union, showing its utility to the political pros¬ 
perity of the people; the insufficiency of the confederation 
to preserve that union ; and the adaptation of the proposed 
government to the end in view. The good sense of the 
people prevailed ; the new form of government was adopted ; 
and we their “posterity” enjoy the blessings of this “more 
perfect union.” 

§ 186. The next object of the union is “to establish jus¬ 
tice.” Provision had been made by the states to protect the 
rights of their own citizens. But without some provision in 
the general government, there could be no certainty that 
justice would be impartially administered to the citizens of 
other states. Laws had been made in some states, giving 
unjust preferences to their own citizens. Provision has ac¬ 
cordingly been made in the constitution to place the citizens 
of all the stated on the same footing. (§ 534, 535.) 

§ 187. A national government was necessary also to settle 
controversies between states, between citizens of different 


retained in the constitution ? § 185. What sentiment, opposed to the 

union, prevailed when the constitution was depending? § 186, 187. 
What particular evils were to be remedied in the object “ to establish 

7 * 



78 


GOVERNMENT OF THE UNITED STATES. 


states, and between a state or its citizens, and foreign states 
or citizens. Private debts were paid in paper money almost 
worthless; and foreigners were either denied payment, or 
put to great inconvenience in recovering their dues. Pro¬ 
vision for the payment of the public debt had not been made ; 
nor had the government then existing the power or means 
of doing so. To restore public and private credit, by enabling 
debtors to discharge their contracts in a sound currency, a 
change in the government, like that which the constitution 
contemplated, became necessary. 

§ 188. “ To ensure domestic tranquillity)” is another ob¬ 
ject of the constitution. In a state of disunion, dissensions 
would be likely to arise between the states or confederacies, 
which might result in violent contests with each other. Dis¬ 
putes had frequently arisen between states, and were settled 
with difficulty. From similar causes, future controversies 
were to be apprehended, which could be settled only by a na¬ 
tional government. 

§ 189. The union under the constitution also furnishes a 
safeguard against domestic factions and insurrections. A 
faction is a number of persons, whether a majority or mino¬ 
rity of the whole, who unite in opposing the rights of other 
persons, or the interests of the community. And while men, 
in a free country, pursue different interests, the causes of 
faction will exist; and they cannot be removed without de¬ 
stroying liberty itself. So long as a faction consists of less 
than a majority, its purposes cannot be carried into effect : 
but if it should embrace a majority of the citizens of a state, 
it would have the power of oppressing the minority by unjust 
laws ; and, to maintain itself in power, it might go so far as 
to change the form of government. The confederated power 
of the states in a national government, can prevent or sup¬ 
press factions. If an insurrection, (a forcible opposition to 
the execution of law,) should break out in any of the states, 
it may be quelled by the general governme nt. 

§ 190. The next object expressed in the preamble, is, “ to 
provide for the common defence.” Divided into separate 


justice ?” § 188. What was contemplated in the object “ to ensure 
domestic tranquillity ?” § 189. What effect has the union against fac¬ 
tions and insurrections ? What arc they ? § 190. What reason is 



HOUSE OF REPRESENTATIVES. 


79 


independent states, or united into any number of confedera¬ 
cies, how could each protect itself against the encroachments 
of the others ; or resist the attacks of foreign nations ? A 
military force of the same strength would be necessary to 
defend a small state or confederacy as a large one ; and the 
expense of maintaining a body of troops sufficient for its 
protection, would be intolerably burdensome to the citizens 
of a single state or small confederacy. 

§ 191. Another object is, “to promote the general wel¬ 
fare.” It is easy to perceive that this could not, or at least 
would not be done by the states. Each state, seeking the 
welfare of its own citizens, would adopt measures which 
would operate injuriously upon the citizens of other states. 
Nor is it probable that all the states would unite in plans for 
promoting the common welfare. These can be carried into 
effect by a common power having the necessary jurisdiction. 

§ 192. The last object mentioned in the preamble, is, “ to 
secure the blessings of liberty to ourselves and our posterity.” 
The liberties of the American people had been achieved by 
a severe struggle, and at a great expense; and the authors 
of our invaluable constitution, knew well how to appreciate 
the blessings of civil and religious freedom. It had become 
apparent that these blessings could not be long enjoyed under 
the government then existing. With the hope of securing 
and perpetuating them, the constitution was formed; and 
the experience of half a century has shown how remarkably 
it is adapted to answer the ends of its formation. 


CHAPTER IV. 

Legislative Department.—House of Representatives. 

§ 193. “All legislative powers herein granted, shall be 
“ vested in a congress of the United States, which shall con- 


there in favor of union for the common defence ? § 191. Why would 

not the general welfare be promoted without union? § 192. What is 
the last general object expressed in the preamble ? 
t) 193. Wherein is the legislative power of the union vested? $ 194. 




80 GOVERNMENT OF THE UNITED STATES. 

** sist of a senate and house of representatives.’’— Constitu - 
tioiij article 1, section 1. 

§ 194. The propriety of dividing the legislature into two 
branches, has been shown. (§67.) It is obvious, that the 
passage of improper laws will often be prevented by the 
check which one branch has upon the other. Some of the 
state legislatures, as well as congress under the confedera¬ 
tion, consisted of single bodies ; and their proceedings in 
many instances had proved the necessity of the division of 
the legislative power, in order to prevent the evil conse¬ 
quences of hasty legislation. 

§ 195. “The house of representatives shall be composed 
** of members chosen every second year by the people of the 
“ several states; and the electors in each state shall have 
“ the qualifications requisite for electors of the most numer¬ 
ous branch of the state legislature .”—Article 1, section 2, 
clause 1. 

§ 196. Under the confederation, the delegates from each 
state to the congress, were appointed by the state legislature. 
The people, however, prior to the adoption of the constitu¬ 
tion, enjoyed the right of electing their representatives in the 
legislatures of their respective states. And as it is an es¬ 
sential principle of republican institutions, that representa¬ 
tives be immediately dependent on the people, with whom 
they have a common interest, the privilege of electing the 
popular branch of the national legislature was secured to 
them by the constitution. 

§ 197. The qualifications of the electors in the different 
states were so various, that any uniform rule which the 
convention might have established, would have been dissatis¬ 
factory to some of the states. The mode adopted must be 
satisfactory to every state, because it is conformable to the 
standard which it has established for itself. 

§ 198. Representatives are chosen for two years. A 
short term of office is best calculated to ensure obedience, 
on the part of a representative, to the will of those whom 


Why is a legislature divided ? § 195. How is the house composed ? 
What are the qualifications of the electors ? § 196. How were dele¬ 
gates to congress elected under the confederation ? § 197. Why are 

not qualifications of electors uniform in all the states ? § 198. What 



HOUSE OF KEPKESENTATIVES. 81 

he represents. (§ *>4.) Delegates were, by the confedera- 
tion, required to be appointed every year ; and they might 
be recalled at any time within the year, and others might 
be sent in their stead for the remainder of the term. But 
a period so short, it was presumed, would keep in the house 
too many new members, destitute of the knowledge and 
experience necessary to a due performance of the important 
duties of a national representative. Hence it was supposed, 
that the interests of the nation would be best promoted by 
fixing the term at two years. 

§ 199. “No person shall be a representative who shall 
“ not have attained to the age of twenty-five years, and been 
* seven years a citizen of the United States, and who shall 
“not, when elected, be an inhabitant of that state in which 
“he shall be chosen. ”~Art. 1, sec . 2, cl. 2. 

§ 200. The provision with respect to age, is intended to 
exclude men who have not had time and opportunities of 
acquiring a general knowledge of public affairs. Few 
young men, at the age of twenty-one, possess the wisdom 
and maturity of judgment which are essential to a proper 
discharge of the duties of a legislator. Besides, their 
characters are not fully established at that age, or they are 
not sufficiently known to entitle them to the confidence of 
those whose interests are to be represented in the councils 
of the nation. 

§ 201. That no others than citizens of the United States 
ought to be eligible to the office of representative, is evi- 
dent. The attachment of foreigners to our country is 
presumed to be too feeble, and their knowledge of our 
free institutions too limited, to be intrusted with political or 
civil power. A long term of citizenship is therefore made 
an indispensable qualification for a representative. By 
seven years’ citizenship is not meant seven years’ residence. 
A foreigner or alien, when naturalized, becomes a citizen, 
and is entitled to the privileges of native born citizens, but 
not until then. And as a residence of at least five years 
is in all cases required before he can be naturalized, and as 


are the advantages and disadvantages of a short term of office? 
4 199. What are the qualifications of representatives ? 4 $00. What 
is the objeet of the qualification respecting age ? 4 201. Respecting 


6 



82 GOVERNMENT OF THE UNITED STATES. 

an additional residence of seven years is required to render 
him eligible to this office, the door seems to be effectually 
closed against foreign influence in the government. (§ 319— 

328.) . 

§ 202. To be a representative he must be an inhabitant 
of the state in which he is chosen, in order to secure, on his 
part, an intimate knowledge of the interests of those whom 
he represents. As the constitution does not designate any 
particular part of the state in which he must reside, a resi¬ 
dence in any part of it, though without the bounds of the 
district he is to represent, renders him eligible, unless there 
be a special law of the state to the contrary. 

§ 203. “ Representatives and direct taxes shall be ap- 
« portioned among the several states which may be included 
“ within this union, according to their respective numbers, 
“ which shall be determined by adding to the whole number 
«of free persons, including those bound to service for a 
“term of years, and excluding Indians not taxed, three- 
** fifths of all other persons. The actual enumeration shall 
“ be made within three years after the first meeting of the 
“congress of the United States, and within every subse- 
“ quent term of ten years, in such manner as they shall by 
“ law direct. The number of representatives shall not exceed 
“ one for every thirty thousand, but each state shall have at 
“ least one representative ; and until such enumeration shal* 
“ be made, the state of New Hampshire shall be entitled to 
“ choose three, Massachusetts eight, Rhode Island and 
“Providence Plantations one, Connecticut five, New York 
“ six, New Jersey four, Pennsylvania eight, Delaware one, 
“ Maryland six, Virginia ten, North Carolina five, South 
“ Carolina five, and Georgia three.”— Art. 1, sec. 2, cl. 3. 

§ 204. The apportionment of representatives was a subject 
of much debate in the convention. The small states had, 
under the confederation, the same power in congress as the 
large ones. Each state was entitled to not less than two 
nor more than seven delegates; and had one vote, the 


citizenship ? What is citizenship ? § 202. Must a representative 

reside within the district he represents ? § 203. How are represents 

lives apportioned among the states ? To what is their number re¬ 
stricted ? § 204. What was the relative power of the large and 



HOUSE OF REPRESENTATIVES. 


93 


votes on all questions being taken by states, a majority of 
the delegates of a state determining its vote. The small 
states insisted on retaining the same power ; the large states, 
on the contrary, contended for a representation in propor¬ 
tion to the number of inhabitants which each state con¬ 
tained. So unyielding were the members on both sides, 
that the convention was on the point of being broken up. 

§ 205. The uniting upon a system of apportionment was 
rendered the more difficult, by the slaveholding states claim- 
ing a representation according to numbers, bond and free ; 
and the free states insisting on a representation according 
to the number of free persons only. It was held to be 
proper to take slaves into consideration when taxes were to 
be apportioned, because it might discourage slavery; but 
the principle of taking slaves into computation in apportion¬ 
ing representatives, involved the absurdity of increasing the 
power of a state in making laws for freemen, in proportion 
as it violated the rights of freedom. It was improper to 
represent men who had no will of their own. On the other 
hand it was said, that representation and taxation ought to 
go together, and one uniform rule ought to apply to both, 
ft would not be just to compute slaves in the assessment of 
taxes, and discard them in the apportionment of represen¬ 
tatives. In imposing a burden, some advantage ought to 
be conferred. A compromise was at length effected : The 
non-slaveholding states assented to the proposition, that three 
fifths of the number of slaves be added to the number of 
free white persons in forming the basis of representation, 
on condition that they be computed in the assessment of 
direct taxes also. 

§ 206. Hence it appears, that the slaveholding states 
have a greater number of representatives in proportion to the 
number of their free white population, than the other states. 
To illustrate this, suppose a state to contain 600,000 free 
persons, and 500,000 slaves. Three-fifths of the number 
of slaves is 300,000: this number added to the number of 


small states in congress under the confederation ? § 205. What in- 

creased the difficulty of agreeing upon a rule of apportionment ? What 
reasons were given for and against slave representation ? § 206. 

Illustrate, by example, the effect of the present basis of representation 



84 GOVERNMENT OF THE UNITED STATES, 

free persons, makes 900,000. Now if one representative 
were allowed for every 30,000 inhabitants, the state would 
have thirty representatives; whereas a state containing 
600,000 free persons and no slaves, would be entitled to 
twenty representatives only. For the advantage which the 
slaveholding states gained by this compromise, the non¬ 
slaveholding states have not realized an equivalent from 
the taxation of slave property, inasmuch as direct taxes 
have not hitherto been found necessary to any considerable 
extent; and probably will not be necessary in time to 
come. 

§ 207. The people are numbered every ten years. Fre¬ 
quent enumerations are made, that the representation of 
each state may keep pace with its population. The num¬ 
ber of inhabitants in some states may remain nearly sta¬ 
tionary, while in others the number may, within the space 
of ten years, increase two or three fold. The latter ought 
therefore to be entitled to a corresponding increase of the 
number of representatives. When the constitution took 
effect, New York and Maryland had each six representa¬ 
tives. So much more rapid has been the increase of popu¬ 
lation in the former state than in the latter, that while Mary¬ 
land has at present but eight representatives in the house. 
New York is entitled to forty. 

§ 208, The first enumeration was made in 1790; and 
an enumeration has been made every ten years since. Con¬ 
gress is by the constitution authorized to direct by law the 
manner in which the census shall be taken. It has accord¬ 
ingly enacted, that each state legislature shall prescribe 
the manner in which the census shall be taken in such 
state. Census, among the Romans, signified the valuation 
of a man’s estate, and the registering of himself, his age, 
his family, and his servants. In the United States it means 
the enumeration of the people. 

§ 209. The number of representatives may not exceed 
one for every 30,000 inhabitants. This restriction is in- 


npon non-slaveholding states. § 207. Why are periodical enumera¬ 
tions of the people required ? § 208. When was the first enumera¬ 
tion made ? What is census ? § 209. Why is the number of re¬ 

presentatives restricted ? What is the present ratio of representation ? 



HOUSE OF REPRESENTATIVES. 


85 


tended to prevent the house from becoming too large. A 
very numerous legislative body cannot transact business 
with the same degree of convenience and despatch as a 
smaller assembly. To keep the house within suitable 
limits, congress has, from time to time, as the population 
has increased, changed the ratio of representation. Under 
the first census, the ratio was 33,000, and the number of 
representatives 106. A new apportionment has been made 
after every successive enumeration. After the last census, 
taken in 1830, the ratio was fixed at 47,700, giving, as the 
result, 240 representatives to all the states. [The new 
states of Michigan and Arkansas have since been admitted 
into the union, with one representative each.] 

§ 210. But each state must have at least one represen. 
tative. Without this provision, the ratio might be fixed so 
high as to deprive a state entirely of a representation in the 
house. Had a ratio of 100,000 been adopted after the 
census of 1830, both Delaware and Rhode Island would 
have been excluded, neither having a population sufficiently 
numerous to entitle it to a representative. Hence the ne- 
cessity of a constitutional provision, securing to each state 
a due representation. By an act of congress, every territory 
also, belonging to the United States, in which a government 
is established, has the right of sending a delegate to con. 
gress. Such delegate is entitled to a seat in the house, 
with the right of debating; but he is not allowed the privi. 
lege of voting. 

§ 211. The distribution and election of the representa. 
lives of each state, are determined by a law of the state 
legislature. A state is divided into a number of districts 
equal to the number of representatives to which it is en. 
titled; each district comprising, as nearly as may be, the 
number of inhabitants entitled to a representative, who is 
chosen by the electors of such district. For convenience, 
some districts are so constituted as to embrace a popula¬ 
tion entitling each to two or more representatives. Another 
mode is to vote for all the representatives on one ticket, 


What is ratio ? § 210. Why is it provided that each state shall have 
at least one representative ? What right has a territory ? § 211. 

How are representatives distributed and elected in each state ? 

8 



36 


GOVERNMENT OF THE UNITED STATES. 


throughout the state. This is called electing by general 
ticket. Very few states, however, practise this mode. 

§ 212. “ When vacancies happen in the representation 
“from any state, the executive authority thereof shall 
“ issue writs of election to fill such vacancies.”— Art. 1, 
sec. 2, cl. 4. 

§ 213. As vacancies sometimes happen by the death* 
resignation, or removal, of some of the representatives of 
a state, such vacant districts, which may sometimes comprise 
a great portion, or even the whole of such state, would re¬ 
main unrepresented till the next regular election, unless 
some provision had been made to fill such vacancies. 
Persons chosen to fill vacancies, hold their offices only for 
the unexpired term of those whose places they are chosen 
to supply. 

§ 214. “ The house of representatives shall choose their 
“speaker and other officers ; and shall have the sole power 
“of impeachment.”— Art. 1, sec. 2, cl. 5. 

The election of officers of a legislative body, and also 
the subject of impeachment, are treated of in other places. 
(§ 71, 72, 105, 106, 230.) 


CHAPTER V. 

The Senate. 

§ 215. “ The senate of the United States shall be com- 
“posed of two senators from each state, chosen by the 
“ legislature thereof for six years ; and each senator shall 
“have one vote.”— Art. 1, sec. 3, cl. 1. 

§ 216. The principal objects of the institution of a senate 
have been considered. (§ 66, 68, 69.) But there were 
reasons of a more special nature for the manner in which 


$ 212. How may vacancies in office be filled ? § 213. Why is this 
provision necessary ? § 214. Why is the power of impeachment 

given to the house ? 

§ 215. How is the senate composed ? How chosen ? § 216. Why 




THE SENATE. 


87 


the national senate is constituted. We have spoken of the 
difficulty of reconciling the small states to a proportional 
representation, a representation in proportion to the num¬ 
ber of inhabitants of each state. The compromise, in 
which the small states gave up their claim to equality 
in the house, was effected, at least in part, by the con¬ 
sent of the large states to an equal representation in the 
senate. But aside from the necessity of the case, this 
equality was peculiarly proper. In a government entirely 
national, every district would have a right to a proportional 
representation ; and in a simple confederacy of independent 
states, each is entitled to an equal share in the common 
councils. Hence, in a government like ours, partaking of 
both the national arid federal character, there is a manifest 
propriety in giving to one branch of the legislature a pro¬ 
portional, and to the other an equal representation. 

§ 217. As to the mode of appointing senators, there was 
a diversity of opinion among the members of the conven¬ 
tion. Besides the mode adopted, two others were proposed ; 
the one, appointment by the house of representatives of the 
United States ; the other, election by the people of each 
state. The appointment by the state legislature was, 
however, presumed to be most congenial with the public 
opinion. The advantages of this mode are, first, the mem¬ 
bers of the legislature, from their more extensive acquaint¬ 
ance with public men, are capable of making a more 
judicious selection ; secondly, the election not being made 
directly by the people, but by the state governments, senators 
will not be influenced by the same local interests and sec¬ 
tional feelings as the members of the house; and thus they 
will exercise a more effectual restraint upon the proceedings 
of that body. 

§ 218. The usual manner in which senators are chosen 
by a state legislature, is by a joint vote ; that is, both houses 
meet, and vote numerically, as a single body. In some 
states, the choice is mad^ by a concurrent vote. By this 
mode, each house votes separately, and must concur with 


is each state equally represented in the senate ? § 217. What are the 
advantages of the present mode of choosing senators ? § 218. 

What different modes of choosing senators are practised ? §219. Why 



39 GOVERNMENT OF THE UNITED STATES. 

the other as in the passage of a law. In cases of disagree¬ 
ment between the two houses, the election of senators by 
a concurrent vote, is often attended with much difficulty; 
for so long as each house adheres to its favorite candidate, 
no election can be effected : And, as a consequence, a state 
is often for a long time deprived of a full representation in 
the national senate. 

§ 219. A long term of office of senators is considered ne¬ 
cessary to prevent the evils which flow from instability in 
the administration of the government. (§ 66.) Among the 
framers of the constitution were those who were in favor of 
appointing senators during good behavior. Others proposed 
specific periods for the term of service, differing in length, 
from three to nine years. The medium of six years was 
adopted, as being supposed to be sufficiently long to impart 
firmness and stability to the senate, and yet short enough to 
secure a due sense of responsibility on the part of the mem 
bers. 

§ 220. “ Immediately after they shall be assembled in 
44 consequence of the first election, they shall be divided as 
44 equally as may be into three classes. The seats of the 
44 senators of the first class shall be vacated at the expiration 
44 of the second year, of the second class at the expiration of 
44 the fourth year, and of the third class at the expiration of 
44 the sixth year; so that one third may be chosen every 
44 second year : and if vacancies happen by resignation, or 
44 otherwise, during the recess of the legislature of any state, 
44 the executive thereof may make temporary appointments 
44 until the next meeting of the legislature, which shall then 
44 fill such vacancies.” 

§ 221. This division and classification of the senate, by 
which one third only of the members are vacated every 
second year, are calculated to secure the service, at all 
times, of a majority of experienced members, acquainted 
with the general principles of national policy, and with the 
forms and course of business. 

§ 222. Without the authority given in this clause to the 


are senators elected for a longer term than representatives ? § 220, 
How are the senators divided and classified ? How are vacancies filled 7 
$ 221. What is the object of this division and classification of the sen 



THE SENATE. 


89 


executive of a state to fill casual vacancies, either the legis. 
lature must be specially convened to make the appointment, 
or the state must be, for a time, without a full vote in the 
national legislature. The executive of a state cannot con¬ 
stitutionally make an appointment before the vacancy actually 
occurs. In 1825, the governor of the state of Connecticut, 
having been previously notified that the senate would be con¬ 
vened on the fourth of March, and the legislature of the state 
not being in session, made an appointment, in February, to 
fill a vacancy that must occur on the third day of March, by 
the expiration of the term of service of one of the senators 
from that state. But the appointment having been made be¬ 
fore the vacancy had occurred, the senate decided, by a vote 
of 23 to IS, that the senator thus appointed, was not enti¬ 
tled to a seat. 

§ 223. “ No person shall be a senator, who shall not have 
“ attained the age of thirty years, and been nine years aciti- 
“ zen of the United States, and who shall not, when elected, 
“ be an inhabitant of that state for which he shall be chosen.” 
— Art. 1, sec. 3, cl. 3. 

§ 224. The propriety of requiring greater age and a 
longer period of citizenship as qualifications for a senator 
than for a representative, will appear from the superior 
weight and delicacy of the trusts confided to this body. Be¬ 
sides its duties as a component part of the legislature, it has 
to act in a judicial capacity in trials of impeachment; and, 
in conjunction with the president, it makes treaties with fo¬ 
reign nations, and appoints ambassadors and other high ex¬ 
ecutive, as well as judicial officers. No person is qualified 
for such a station who does not possess much experience, a 
firm character, and a strong attachment to the principles of 
the government. 

§ 225. “ The vice president of the United States shall be 
“ president of the senate, but shall have no vote, unless they 
“ be equally divided.”— Art. 1 , sec. 3, cl. 4. 

§ 226. If the senate should, like the house, choose one of 


ate ? § 222. Can a state executive make an appointment before a 
vacancy actually happens ? § 223. What qualifications are required 

of senators ? § 224. Why are higher qualifications required for sena¬ 
tors than for representatives ? § 225,226. For what reasons is the vice 
8 * 



90 government of the united states. 

its own members to preside over its deliberations, the state 
represented by such senator would be deprived of half its 
vote in that body, except when it is equally divided ; a pre¬ 
siding officer being entitled to vote in such cases only. And 
if, to remedy this, the presiding senator were allowed to vote 
on all questions, then, in case of a tie, there would be no 
casting vote, without permitting him to vote a second time. 
This would give his state an undue influence. The vice 
president, chosen by all the states, seems to be the proper 
person to preside in the senate. 

§ 227. “ The senate shall choose their other officers, and 
“also a president pro tempore, in the absence of the vice 
“ president, or when he shall exercise the office of president 
“of the United States.”— Art. 1 ,sec. 3, cl. 5. 

§ 228. The “other officers” of the senate are the same 
as those of the house, and are chosen in the same manner. 
In the absence of the vice president, it becomes necessary to 
elect a presiding officer from the senators. Pro tempore is 
a Latin phrase, signifying, for the time. It here means, for 
the time during which the vice president shall be absent 
from the senate. 

§ 229. “ The senate shall have the sole power to try all 
“ impeachments. When sitting for that purpose, they shall 
“ be on oath or affirmation. When the president of the 
“ United States is tried, the chief justice shall preside : and 
“ no person shall be convicted without the concurrence of 
“two thirds of the members present.”— Art . 1, sec . 3, 
cl. 6. 

§ 230. The power of impeachment, that is, the power of 
originating the inquiry, and preferring the accusation, is 
given to the house, (§ 214,) because its members more im¬ 
mediately represent the people against whom the offence may 
be considered to have been committed; the senate being 
farther removed from the people, and consequently less liable 
to act under the influence of party, or of popular excitement, 
are more fit to sit as judges on a trial for impeachment. A 
prominent objection against investing the senate with this 


president required to preside over the senate ? § 227, 228. What 
officers has the senate ? What is pro tempore ? § 229. What power 

has the senate in impeachments ? § 230. Why is this power given to 



THE SENATE. 


91 


power is, that the exercise of judicial functions by a legisla¬ 
ture, contravenes that principle in our government which re¬ 
quires a separation of the legislative and judicial powers. lit 
is proper, therefore, to consider some of the reasons why 
the constitution has, in this particular instance, taken this 
power from the national judiciary, and given it to the legis¬ 
lature. 

§ 231. First, offences which are subject to trial by im¬ 
peachment, consist in the violation of a public trust. They 
are in their nature different from those which are investiga¬ 
ted in courts of law. They are generally of a political 
character, and can be better judged of by the senate, whose 
members, it is presumed, have a more intimate knowledge 
of political duties. Another reason is, that, after conviction 
and punishment for his political misdemeanor, the offender 
is still liable to prosecution and punishment in the ordinary 
course of law ; and it would be improper to make the same 
persons judges in both cases. An error in the first decision, 
would be almost certainly followed by error in the second. 
Thirdly, the judges themselves may be the persons impeach¬ 
ed ; and all must see the impropriety of authorizing a court 
composed of so few persons to try any of its own members, 

§ 232. The requirement of an oath or affirmation is uni¬ 
versally esteemed of so much importance in securing justice 
in trials by jury, that none will question its propriety in a 
trial of impeachment, where the members of the court act as 
jurors as well as judges. An oath is a solemn appeal to 
God to bear witness to the truth of what is declared. An 
affirmation is the simple declaration of a fact. When falsely 
made in a court of justice, it is made punishable, however, 
in the same degree as false swearing. 

§ 233. There is good reason why the vice president 
should not preside in a trial of the president. He might be 
induced to use improper influence in attempting to procure a 
conviction of the president, as, in that event, the vice presi- 
dent succeeds to the office. 

§ 234. In trials by jury, all the jurors must agree in or- 


the senate ? § 231. Why is it not given to the judges ? § 232. What 

is an oath ? An affirmation ? § 233. Why ought not the vice presi¬ 
dent to preside when the president is tried ? § 234. Why are two 



92 GOVERNMENT OF THE UNITED STATES. 

der to conviction; but in a trial by so numerous a body, 
unanimity is hardly to be expected in the clearest cases of 
guilt. And as a bare majority might easily be obtained by 
improper influence upon some one or two of the members, 
a majority of two thirds would seem to be the proper pro¬ 
portion of the body required to concur in an opinion of the 
guilt of the accused. 

§ 235. “Judgment, in cases of impeachment, shall not 
“ extend further than to removal from office, and disqualifi- 
“ cation to hold and enjoy any office of honor, trust, or profit, 
“under the United States. But the party convicted shall, 
“nevertheless, be liable and subject to indictment, trial, 
“judgment, and punishment, according to law.”— Art. 1, 
sec. 3, cl. 7. 

§ 236. As the power of impeachment is intended to punish 
political offences, removal from office, and entire exclusion 
from office in future, is sufficient punishment, provided the 
offender be left subject to the penalty of the law as an of¬ 
fender against the peace of the community. 


CHAPTER VI. 

Elections—Meetings of Congress—Powers and Privileges 
of both Houses—Passing Bills. 

§ 237. “The times, places, and manner of holding elec- 
“ tions for senators and representatives, shall be prescribed 
“ in each state by the legislature thereof; but the congress 
“ may at any time, by law, make or alter such regulations, 
“except as to the places of choosing senators.”— Art. 1, 
sec. 4, cl. 1. 

§ 238. There can be no impropriety, in ordinary cases, 
in permitting the states to regulate the elections of their re¬ 
presentatives as convenience may require ; and congress has 
not hitherto exercised the power reserved by the national 

thirds of the senators required for conviction ? § 235. How far doea 
judgment extend in case of conviction ? 

§ 237, 238. Why is the power reserved to congress to make or alter 




ELECTIONS. 


93 


government, of interfering with the regulations of any state 
on this subject. But to have given to the state legislatures 
exclusive power of regulating elections for the national 
government, would have left the existence of the union at 
their mercy ; for, by neglecting to provide for electing per- 
sons to administer its affairs, the government would be de¬ 
stroyed. 

§ 239. “ The congress shall assemble at least once every 
“ year, and such meeting shall be on the first Monday in 
“December, unless they shall by law appoint a different 
“day.”— Art. 1, sec . 4, cl. 2. 

§ 240. The interests of the people would seem to require 
the attention of congress as often, at least, as once in a year; 
and an express constitutional provision to this effect is ne¬ 
cessary, as congress, moved by improper considerations, 
might postpone its meetings beyond the proper time, and 
thus cause much injury to the citizens. The place of meet¬ 
ing is not fixed by the constitution; and congress has by 
law provided, that when, from the prevalence of contagious 
sickness, or from other circumstances, it would be dangerous 
to the health of members to meet at the place to which con¬ 
gress shall stand adjourned, the president of the United 
States may, by proclamation, convene congress at such other 
place as he may judge proper. 

§ 241. “ Each house shall be the judge of the elections, 
“ returns, and qualifications of its own members ; and a ma. 
“jority of each shall constitute a quorum to do business; 
“ but a smaller number may adjourn from day to day, and 
“ may be authorized to compel the attendance of absent 
“ members, in such manner, and under such penalties, as 
“each house may provide.”— Art. 1, sec. 5, cl. 1. 

§ 242. The right here granted to judge of the elections 
and qualifications of members, was intended to preserve a 
pure representation, by enabling congress to close the door 
against all persons unlawfully claiming a seat. It some¬ 
times happens, that, in consequence of some alleged unfair¬ 
ness or irregularity in the election or return of a member, 


the state regulations concerning elections ? § 239, 240. Why is con- 
gress required to assemble once a year ? § 241, 242. Why is each 

house constituted the judge of the elections, &c., of its members ? 



94 GOVERNMENT OF THE UNITED STATES. 

his seat is claimed by an opposing candidate. In such a 
case, the house institutes an investigation, and decides which 
of the claimants is entitled to the seat. 

§ 243. Quorum , in its common acceptation, means such 
a number of officers or members as is by law or the consti¬ 
tution declared competent to transact business. It would be 
jmpolitic to allow a number less than a majority to pass laws 
for the nation; and, unless a smaller number had power to 
adjourn from day to day, and to compel absent members to 
attend, the business of legislation might be arrested. 

§ 244. “ Each house may determine the rules of its pro- 
“ ceedings, punish its members for disorderly behavior, and, 
“ with the concurrence of two thirds, expel a member.”— 
Art. 1, sec. 5, cl. 2. 

§ 245. Without some rules to govern its deliberations, no 
legislative body could transact business with order or de¬ 
spatch ; and, without power to enforce obedience to these 
rules, they would be useless. Some restraint, however, 
upon the exercise of this power, was deemed necessary to 
prevent its abuse. Two thirds will not be likely to concur 
in expelling a member, unless the case plainly demands it. 
A member may be expelled for a misdemeanor committed 
elsewhere than in the house to which he belongs. From 
the power to punish members for disorderly behavior, con¬ 
gress has inferred and exercise the power of punishing for 
contempt other persons than its own members. 

§ 246. “ Each house shall keep a journal of its proceed- 
* ings, and from time to time publish the same, excepting 
“such parts as may in their judgment require secrecy : and 
“the yeas and nays of the members of either house, on any 
“ question, shall, at the desire of one fifth of those present, 
“be entered on the journal.”— Art. 1, sec. 5, cl. 3. 

§ 247. The above provisions are intended to keep the 
people informed of what is done by their representatives. 
By publishing the yeas and nays, the vote of every member 
is made known, and a perfect accountability to his constit¬ 
uents ensured. But to prevent a needless waste of time in 


^ 243. What is a quorum ? Why is a majority required ? § 244,245. 
What power has each house to enforce obedience to its rules ? § 246. 

What is provided in relation to keeping a journal ? § 247. What is 



MEETINGS, ETC., OF CONGRESS. 


95 


recording the yeas and nays on unimportant questions, at 
the pleasure of a single member, it may be dispensed with, 
unless requested by one fifth of the members present. 

§ 248. Besides the number of copies of the public journals 
usually printed, there are printed several hundred copies, of 
which twenty-five are to be deposited in the library of con¬ 
gress, for the use of the members during any session, and 
all other persons authorized by law to use the books in the 
library. As many other copies are transmitted to the ex¬ 
ecutive of each state and territory, as are sufficient to furnish 
one copy to each branch of such state or territorial legis¬ 
lature ; and one copy to each college and incorporated his¬ 
torical society in each state. The residue are deposited in 
the library of the United States, subject to the future dis¬ 
posal of congress. 

§ 249. The printing for congress, as it regards the man¬ 
ner and prices of the work, is regulated by law. Before the 
close of each congress, as the practice has been, a printer 
is chosen by each house, to execute its work during the next 
congress. The person elected is required to give a bond, 
with sureties, to the secretary or clerk of the house, for the 
prompt and faithful execution of the work. 

§ 250. For the due publication of the laws among the 
people at large, as many newspapers, in the different sections 
of the union, as are deemed necessary for this purpose, are 
designated by the proper authority; in which newspapers, 
the laws enacted at each session of congress are published. 
These laws are also published in the form of books or 
pamphlets, and a sufficient number of copies sent to each 
state to furnish one copy to every town clerk, to be kept in 
his office for the use of the inhabitants of the town. Thus 
every citizen may become acquainted with the laws. 

§ 251. 44 Neither house, during the session of congress, 
44 shall, without the consent of the other, adjourn for more 
“ than three days, nor to any other place than that in which 
44 the two houses shall be sitting.”— Art. 1, sec . 5, cl. 4. 


the object of publishing the proceedings of a legislature ? § 248. What 
distribution is made of the public journals ? § 249. How is the print¬ 
ing of congress regulated ? § 250. What provision has been made for 

publishing the laws of congress? § 251. To what time are adjourn- 



96 GOVERNMENT OF THE UNITED STATES. 

§ 252. Unless some restraint were imposed upon con¬ 
gress, either house might interrupt the public business, by 
adjournments for periods of time of unnecessary length. 
The time of the final adjournment is fixed by a concurrent 
resolution of both houses. Every second year, congress 
must of necessity adjourn on the third day of March, as the 
terms for which all the representatives and one-third of the 
senators are elected, expire on that day. It is the day also 
on which, in every fourth year, the president’s term of office 
expires. 

§ 253. “ The senators and representatives shall receive 
“ a compensation for their services, to be ascertained by 
M law, and paid out of the treasury of the United States. 
“ They shall in all cases, except treason, felony, or breach 
“ of the peace, be privileged from arrest, during their at- 
“ tendance at the session of their respective houses, and in 
“ going to and returning from the same ; and for any speech 
“ or debate in either house, they shall not be questioned in 
“ any other place.”— Art. 1, sec. 6, cl. 1. 

§ 254. If adequate compensation were not allowed to 
members of congress, men of poverty, however meritorious, 
would be excluded from the councils of the nation; and the 
law-making power would be thrown into the hands of such 
wealthy and ambitious persons as would be able or willing 
to support themselves in office. The practical result of this 
would be, that the rich and powerful would legislate for their 
own benefit. The present compensation of a member of 
congress is eight dollars for every day’s attendance in the 
house, and eight dollars for every twenty miles of the esti- 
mated distance, by the most usual route, from his residence, 
botl? going to, and returning from, the place of the meeting 
of congress. The president of the senate pro tempore , in 
the absence of the vice president, and the speaker of the 
house of representatives, respectively receive double daily 
compensation for every day’s attendance. 

§ 255. Privilege from arrest is due, no less to the constit- 


ments limited ? $ 252. What is the object of this limitation ? $ 253. 
What does the constitution provide concerning the compensation and 
privileges of members ? § 254. What is the compensation of mem. 
bers ? Why is compensation deemed necessary ? § 255. Why is the 




MEETINGS, ETC., OF CONGRESS. 


97 


uents of a representative, than to himself. Prosecutions at 
law might be instituted against members, from motives of 
personal resentment or political animosity, with the design 
of preventing their attendance in congress. Hence the ne¬ 
cessity of a provision securing to the people the services of 
their representatives. 

§ 256. Freedom of speech and debate is guarantied to 
members of congress, that they discharge their duties fear¬ 
lessly. Questions sometimes arise which affect the charac¬ 
ter of individuals, who, to prevent the exposure of their con¬ 
duct, might attempt to intimidate members, or awe them 
into silence, by threats of prosecution. Liberty of speech 
is therefore properly secured to members by constitutional 
enactment. If, however, a member publish a speech con¬ 
taining libellous statements, he may be prosecuted as in 
ordinary cases of libel. 

§ 257. “No senator or representative shall, during the 
“ time for which he was elected, be appointed to any civil 
“ office under the authority of the United States, which shall 
“ have been created, or the emoluments whereof shall have 
u been increased, during such time: and no person holding 
“ any office under the United States, shall be a member of 
“ either house during his continuance in office.”— Art. 1, 
sec. 6, cl. 2. 

§ 258. The object of this clause is to preserve the purity 
of legislation. Civil offices are created, and the salaries of 
public officers established, by congress. And as the power 
of appointment virtually resides in the executive, with whom 
members might previously collude for appointment to these 
offices, a provision prohibiting such appointment was in¬ 
serted in the constitution, in order to remove from members 
all inducements to create unnecessary offices. A person may 
be elected to congress by the people, while holding an office 
under the United States; but such office must be resigned 
before he can be entitled to a seat in congress. 

§ 259. In carrying out the intention of this clause, con- 


■privilege from arrest granted ? § 256. Why is freedom of speech and 

debate allowed ? When does a libellous statement beeome punishable ? 
$ 257. Under what restrictions are members respecting the receiving 
and holding of offices ? § 258,259. Why are these restrictions deemed 

9 


7 





$8 GOVERNMENT OF THE UNITED STATES. 

gress has provided, by law, that no member shall be allowed 
to make any contract, or have any interest in any contract 
to be made, with any officer of the United States, or with 
any person authorized to make contracts on the part of the 
United States. Upon conviction for a violation of this law, 
a member is adjudged guilty of a high misdemeanor, and 
liable to be fined three thousand dollars; and the contract 
is declared void. 

§ 260. “ All bills for raising revenue shall originate in 
“ the house of representatives; but the senate may propose 
“ or concur with amendments, as on other bills.”— Art. 1, 
sec. 7, cl. 1. 

§ 261. The former part of this clause is conformable to 
the practice of the parliament of Great Britain, in which 
bills for raising revenue originate in the house of commons. 
It was deemed proper to confine this power to the popular 
branch, whose members are directly responsible to the people, 
from whom the tax or revenue is to be collected. The ne¬ 
cessity, however, of such a provision in our constitution is 
by some supposed not to exist. It is thought necessary in 
Great Britain, because the house of lords are entirely inde¬ 
pendent of the people, having hereditary rights and privi¬ 
leges. But no argument can be drawn from the British 
house of lords, as the senate of the United States is at least 
indirectly accountable to the people. Bills for raising reve¬ 
nue, according to the practice of congress, are such only as 
provide for levying taxes, in the strict sense of the term. 
Those which indirectly increase or create revenues, may 
originate in either house. 

§ 262. “ Every bill which shall have passed the house of 
u representatives and the senate, shall, before it become a 
“ law, be presented to the president of the United States: 
“ if he approve, he shall sign it; but if not, he shall return 
“ it, with his objections, to that house in which it shall have 
u originated, who shall enter the objections at large on their 


necessary ? Illustrate this provision by an example ? § 260. In which 
house must revenue bills originate ? § 261. Why is their origination 

confined to the house ? What are revenue bills ? § 262. What power 
has the president in enacting laws ? How may bills become laws 
without his approval ? Describe the manner of passing bills. (§ 75-78^ 




MEETINGS, ETC., OF CONGRESS. 09 

“ journal, and proceed to reconsider it. If, after such re- 
“ consideration, two thirds of that house shall agree to pass 
“ the bill, it shall be sent, together with the objections, to the 
u other house, by which it shall likewise be reconsidered; 
“ and, if approved by two thirds of that house, it shall be- 
“ come a law. But, in all such cases, the votes of both 
“ houses shall be determined by yeas and nays; and the 
“ names of the persons voting for and against the bill, shall 
44 be entered on the journal of each house respectively. If 
44 any bill shall not be returned by the president within ten 
44 days, (Sundays excepted,) after it shall have been pre- 
44 scnted to him, the same shall be a law, in like manner as 
44 if he had signed it, unless the congress, by their adjourn- 
44 ment, prevent its return, in which case it shall not be a 
u law.”— Art. 1, sec. 7, cl. 2. 

For the manner of passing bills, and the reasons for the 
power of the executive to negative bills passed by both 
houses, see § 79, 80, 81, 82. 

§ 263. 44 Every order, resolution, or vote, to which the 
44 concurrence of the senate and house of representatives 
44 may be necessary, (except on a question of adjournment,) 
44 shall be presented to the president of the United States; 
44 and, before the same shall take effect, shall be approved 
44 by him; or, being disapproved by him, shall be repassed 
44 by two thirds of the senate and house of representatives, 
44 according to the rules and limitations prescribed in the 
44 case of a bill.”— Art. 1, sec. 7, cl. 3. 

§ 264. This clause is intended to prevent the evasion of 
the president’s negative. It was foreseen that, instead of 
enacting laws in the usual manner by passing hills, congress 
might change its mode of action, and pass any measure in 
the form of an order or resolution. Hence every vote re¬ 
quiring the concurrence of both houses must be presented 
to the president for his approval; except on a question of 
adjournment; and in this case he has no power, unless the 
two houses cannot agree upon the time. (§ 492.) 


$ 263, 264. What provision has been made to prevent an evasion o£ 
the president’s negative ? 



100 


GOVERNMENT OF THE UNITED STATES. 


CHAPTER VII. 

Powers of Congress .— Taxes , Duties, fyc. 

§ 265. “ The congress shall have power to lay and col¬ 
lect taxes, duties, imposts, and excises, to pay the debts 
“and provide for the common defence and general welfare 
“of the United States ; but all duties, imposts, and excises 
“ shall be uniform throughout the United States.”— Art. 1, 
sec. 8, cl. 1. 

§ 266. Some suppose this clause was intended to confer 
two distinct powers; one, to lay and collect taxes, duties, 
&c.; the other, to pay the debts, and provide for the com- 
mon defence and general welfare. Others are of the 
opinion, that only one power is granted, namely, to lay and 
collect taxes ; and that these words are qualified by those 
following; as if the clause were to read, “ congress shall 
“have power to lay and collect taxes, duties, imposts, and 
“excises,” for the purpose of paying, or in order “to pay 
“ the debts, and provide for the common defence and general 
“welfare.” The latter appears to be the more natural 
construction, and is that which has been given to the clause 
by most expositors of the constitution, among whom is Mr. 
Jefferson. 

§ 267. It has been remarked, that every government 
ought to have power to provide for its support. For this 
purpose, the power of taxation is indispensable ; for, with¬ 
out it, a government cannot furnish the money necessary to 
defray the expenses of its administration. The want of 
this power under the confederation, had been severely felt. 
The framers of the constitution, therefore, to remedy this 
defect, inserted this clause, granting complete power to 
procure a regular and adequate supply of revenue. 

§ 268. This clause, however, met with much opposition, 
both in the convention of the framers, and in the conventions 
of the people of the states by which the constitution was 


§ 265. For what purposes may congress lay and collect taxes and 
duties ? § 266. What various constructions have been given to this 
clause ? \ 267. Why is the power of taxation necessary ? § 268. 



TAXES, DUTIES, ETC. 


101 


ratified. It was supposed to confer upon the general gov¬ 
ernment a power which could be too extensively exercised. 

It was said, that the power of congress ought to be restricted 
to the laying of indirect taxes, or duties on imports, except 
when the revenue from these should bo insufficient for the 
public exigency ; and that the states could better judge of 
the circumstances of their citizens, and of the most con¬ 
venient manner of raising taxes. And it was proposed 
that the general government should first require the states 
to pay their respective quotas into the national treasury; 
and that when they should fail to comply with the requisi¬ 
tion, congress might pass acts for their collection. 

§ 269. On the other hand it was observed, that to pro¬ 
vide for the security of the nation, to advance its prosperity, 
and maintain its credit, a full and complete power of taxation 
was necessary. The revenue arising from import duties might 
be sufficient to pay the public debt, and to supply the public 
wants in a state of peace. But the operations of war are 
sudden, and call for large sums of money. Experience 
had proved, that collections from the states were at best 
slow and uncertain, and that no dependence could be placed 
on them. A general power of taxation was necessary also 
to sustain the public credit. In providing for the defence 
of the nation, the government must have recourse to large 
loans. But persons would not readily lend money to a 
government which must itself depend upon thirteen other 
governments for the means of fulfilling its contracts. The 
power to create funds by taxation, would enable the govern¬ 
ment to borrow to the extent of its necessities. 

§ 279. The power of taxation extends to all kinds of 
taxes ; but it can levy them for no other purpose than that 
of paying the debts of the nation, and of providing for its 
defence and general welfare. And all duties, imposts, and 
excises must be uniform throughout the United States. 
Without this provision, some states might be subjected to • 
the payment of higher duties than others, and the interests 
of one state be sacrificed by undue preferences given to 


What objections were made to this clause ? § 289. What reasons 

were given in favor of an unlimited power of taxation ? § 270. For 

what purposes only may taxes be laid ? Why ought they to be uni- 

9 * 



102 


GOVERNMENT OF THE UNITED STATES. 


those of other states. Farther provision has been made 
in the constitution for preserving the equal rights of the 
states. (§ 436.) 

§ 271. Duties are laid on imports and tonnage. Impost 
duties are either specific or ad valorem. A specific duty is 
a tax of a certain, fixed amount, on an article by weight or 
measure. Thus, a duty of ten cents on a pound of tea, or 
of thirty cents on a yard of cloth, is called a specific duty. 
Ad valorem is a Latin phrase, signifying, according to the 
value. An ad valorem duty is one that is proportioned to 
the value of the goods ; or, it is a per centage on the 
estimated cost or value of an article. A duty of fifty per 
cent., that is, a duty laid at the rate of fifty cents on every 
hundred cents of the price of an article, is an ad valorem 
duty. A duty of fifty per cent, on a yard of cloth valued 
at one dollar a yard, would make the duty fifty cents on the 
yard; but if the price of the cloth were one dollar and 
fifty cents a yard, the duty at fifty per cent, would be 
seventy-five cents, the amount of duty being greater, but 
in both cases bearing the same proportion to the value of 
the article. 

§ 272. Duties are collected of the importer, on the sup¬ 
position that the goods imported will be sold by him for 
home consumption. As duties on imports are intended 
principally to affect those goods which are brought from 
abroad, and consumed or used by our citizens, it has been 
provided by law, that, if the goods on which duties have 
been paid shall be re-exported, either the whole or a part 
of the duties shall be remitted to the importer. This al¬ 
lowance is called a drawback . In England the practice 
prevails, to some extent, of allowing the merchant who im¬ 
ports a commodity which he may wish to export again, to 
deposit it in the public warehouse, giving a bond for the 
payment of the duties, should he dispose of it for home 
consumption. This is called bonding. 

§ 273. In the United States, a drawback is allowed on 
goods re-exported to a foreign place within twelve months 


form throughout the states ? §271. What are specific duties? Ad 

valorem duties ? Illustrate them by examples. § 272. What is a 
dratcback ? In what case is it allowed? § 273. On what conditions 



TAXES, DUTIES, ETC. 


103 


lifter the duties on the importation have been paid, or se¬ 
curity has been given for the payment of them : but such 
exportation must be made by the sea, in vessels of not less 
than thirty tons burthen; the duties on the goods must 
amount to fifty dollars; and the goods must be exported in 
the original packages in which they were imported. For 
the amount of the drawback to which the exporter is en¬ 
titled, he receives from the collector a debenture , which is 
a certificate stating the sum due to the exporter for the 
drawback of duties. 

§ 274. Tonnage is the weight of .goods carried in a ship 
or boat; also, the cubical contents or burthen of a vessel 
in tuns* The duties charged on ships according to their 
burthen, or the number of tuns at which they are rated, 
are called tonnage duties . These duties are fixed by con¬ 
gress, in the regulating commerce and navigation. (§ 306, 
307.) 

§ 275. For the collection of customs or duties there is 
appointed in every district of the United States, a collector , 
whose duty it is to receive, at the port within his district, 
all reports, manifests, and documents to be made or ex¬ 
hibited on the entry of any vessel, to record all manifests, 
and to receive the entries of all vessels, and the goods im¬ 
ported in them. He is also required to estimate the duties, 
to receive all moneys paid for duties, and to take bonds for 
securing their payment. He grants all permits for the 
unlading and delivery of goods, and, with the approbation 
of the principal officer of the treasury, employs proper per¬ 
sons as weighers, measurers, gaugers, and inspectors at the 
ports within his district, and provides storehouses, scales, 
weights, and measures. 

§ 276. At ports where it may be necessary, a naval 
officer and surveyor also are appointed. A naval officer 
receives copies of all manifests and entries, and, with the 
collector, estimates the duties on goods, and keeps a record 
thereof. He countersigns all permits, certificates, clear¬ 
ances, debentures, and other documents granted by the col- 


are drawbacks allowed ? What is a debenture 1 § 274. What is 
tonnage ? Tonnage duties ? § 275. What is the business of a col - 

lector of customs ? § 276. What are the duties of a naval officer? 



104 GOVERNMENT OF THE UNITED STATES. 

lector; examines the collector’s abstracts of duties and 
other accounts of receipts, bonds, and expenditures; and, 
if found correct, he certifies them. The surveyor superin¬ 
tends and directs the inspectors, weighers, measurers, and 
gaugers within his port. He visits and inspects the vessels 
that arrive ; and makes a return in writing, every morn¬ 
ing, to the collector of vessels arrived the preceding day. 
He is in all cases subject to the direction of the collector. 

§ 277. In each of the large ports of the United States, 
two appraisers are appointed, to inspect and appraise such 
goods as the collector may direct, and whenever that duty 
shall be required by any acts relative to imports and tonnage. 
The collector, naval officer* surveyor, and appraisers, are 
appointed by the president and senate ; all of whom but the 
last named are required to give bonds for the faithful per¬ 
formance of their duties. 

§ 278. The master or captain of every vessel belonging 
to citizens of the United States, in which goods are imported, 
is required to have on board a manifest , which is a writing 
signed by himself, stating the name of the place where the 
goods were taken on board, and of the place to' which they 
are consigned; the name, description, and tonnage of the 
vessel, and the place where she belongs ; the name of each 
owner and her master, with a particular account of all the 
goods on board. It contains also the names of the consignors , 
who are the persons that send the goods, and the names of 
those to whom the goods are sent, called consignees . 

§ 279. After the report of the master of the vessel to the 
collector is made, the owner or consignee of the goods makes 
an entry of the same, in writing, with the collector, specify¬ 
ing the names -of the vessel and master, the place whence 
the goods were imported, the marks, numbers, denomina¬ 
tion. and prime cost of the same, and swears to the truth of 
his statement, and its conformity to the manifest. When 
the amount of duties is ascertained, the consignees pay the 
same,, or give bonds with sureties for the payment of them 
at a certain time. The collector then grants a written per¬ 
mit for the unloading and delivery of the goods. 


Of a surveyor ? § 277. What is the duty of appraisers ? § 278. What 
is a manifest ? Who arc consignors and consignees ? § 279. When is 




POWER TO BORROW MONEY. 


105 


§ 280. To secure the collection of duties, congress has 
made provision, by the imposition of heavy fines and penal- 
ties for the violation of the revenue laws, and by authorizing 
officers of the customs to seize and search vessels that may 
be suspected of having on board goods subject to duties, the 
payment of which is designed to be evaded. The getting 
of goods on shore secretly without paying the duties, is called 
smuggling. In cases of smuggling, and in some other cases 
of fraud on the customs, all the goods are forfeited, and be¬ 
come the property of the United States. 

§ 281. Farther provision has been made for collecting the 
duties, by authorizing the president to cause to be built and 
equipped so many revenue cutters, not exceeding twelve, as 
may be necessary to protect the revenue. A revenue cutter 
is a small, fast sailing vessel used for apprehending smug¬ 
glers, and for boarding vessels supposed to contain contra, 
band goods. The collectors of the respective districts also 
may, with the approbation of the secretary of the treasury, 
provide small open row and sail boats to be used by sur¬ 
veyors and inspectors, to enable them to go on board vessels, 
and otherwise to detect frauds. All penalties accruing by 
breaches of the revenue laws, must be sued for in the name 
of the United States of America, in courts of the United 
States having jurisdiction in such cases. 


CHAPTER VIII. 

Power to borrow Money—Payment of the Public Debt. 

§ 282. Congress shall have power, “ To borrow money 
“ on the credit of the United States.”— Art. 1, sec. 8, cl. 2. 
§ 283. The necessity of a general power of taxation has 


the entry of a vessel made ? What is an entry ? A permit ? § 280. 

What provision has been made to secure the collection of duties? 
What is smuggling ? § 281. What farther provision has been made 

to secure the collection of duties ? What is a revenue cutter ? 

§ 283, 284. Why is the power to borrow money necessary ? § 285. 




106 GOVERNMENT OF THE UNITED STATES, 

been shown, (§ 128-130, 267.) The power to borrow 
money also is necessary to pay the debts, provide for the 
national defence, and for other purposes to which the ordi- 
nary revenue of the nation may be inadequate. To supply 
the treasury on extraordinary occasions by loans, has been 
found more convenient than direct taxation. By means of 
them, the immediate wants of the government are supplied, 
and the sums borrowed may afterwards be paid from the 
regular revenues of the nation. 

§ 284. The purpose for which congress has found it espe¬ 
cially necessary to exercise the power of borrowing money, 
is the payment of the public debt. By the articles of con¬ 
federation, the government assumed the public debt pre¬ 
viously contracted to support the war ; and the present con¬ 
stitution imposed on the United States ail debts contracted 
before its adoption. (§ 552.) 

§ 285. The manner in which the government borrows 
money, is as follows: 

When money is wanted to pay a debt, congress passes 
an act authorizing the secretary of the treasury, or some 
other person, to borrow the money, and make the United 
States debtor for the same. The act states the amount to 
Do borrowed, the time when it is to be paid, and the rate of 
interest. Persons who wish to lend money then subscribe, 
in books opened for that purpose, the sums they will respect¬ 
ively lend; and for the sums so subscribed and lent, certifi¬ 
cates are given by the agent of the government, stating the 
amount for which the United States are indebted. The 
debt so contracted, and for which the certificates are given, 
are called stocks. To persons having these certificates, the 
government pays the interest that accrues on them, quar¬ 
terly, or as often as the act expresses. These certificates 
are often bought and sold like any other merchantable com. 
modity. When they are sold at a price equal to the amount 
expressed in them, stocks are said to be at par. When their 
market price is higher or lower than their nominal value, 
they are said to be above or below par. 

§ 286. The whole amount of the public debt existing 


Describe the manner in which government borrows money. What 
are stocks ? § 286. What was the amount of the public debt when 



PAYMENT OF THE PUBLIC DEBT. 


107 


when the constitution was adopted, was nearly $80,000,000. 
A tax upon individual property to liquidate so large a debt, 
would have been, at that time, extremely burdensome to the 
citizens. Provision was therefore made by the constitution 
for this purpose. By this means, together with such portion 
of the revenue as was not required for the support of the 
government, and the proceeds of the sales of public lands, 
congress has been enabled so to control the public debt, as 
almost entirely to prevent the necessity of resorting to direct 
taxation. 

§ 287. By the purchase of Louisiana, in 1803, and the 
expenses of the late war, the public debt was increased to 
more than $127,000,000. One of the means adopted to 
liquidate the public debt, was the creation, at an early period, 
of a sinking fund) which is a sum of money, or part of the 
national revenue, which is set apart for the payment of the 
public debt. Additional yearly appropriations were made, 
from time to time, until, in consequence of the augmentation 
of the public debt by the Louisiana stock, it became neces¬ 
sary to increase them to $8,000,000. 

§ 288. By the act of 1817, so much of all former acts as 
related to appropriations for the purchase of the principal, 
and payment of the interest of the funded debt, was repealed; 
and a yearly appropriation of $10,000,000, arising from 
duties on imports and tonnage, internal duties, and sales of 
public lands, was made for the reduction of the public debt. 
By the application of this sum every year, together with 
such other portion of the yearly revenue as remained after 
paying the expenses of the government, the national deb! 
has been extinguished. 


the constitution was adopted ? How has direct taxation been avoided 
in its payment ? § 287. What was the amount of the public debt soon 
after the late war ? What means were provided for its liquidation ? 
§ 288. What farther provision was made for this purpose, in 1817 ? 



108 


GOVERNMENT OF THE UNITED STATES. 


CHAPTER IX. 

Regulation of Commerce. 

§ 289. Congress shall have power, “ To regulate com- 
u merce with foreign nations, and among the several states, 
“ and With the Indian tribes.”— Art. 1, sec. 8, cl. 3. 

§ 290. Commerce signifies a mutual change of goods, 
productions, or property of any kind, between nations or 
individuals. When we speak of the commerce of a nation, 
we have reference to its trade with other nations. The 
general power of congress to regulate commerce is not con¬ 
fined to the mere buying and selling, or exchanging of com¬ 
modities ; but extends to navigation, and every species of 
commercial intercourse with foreign nations, and among the 
several states. 

§ 291. The absence of this power in the articles of con¬ 
federation, was one of the principal defects of that system 
which were to be supplied by the constitution. Each state 
had the power to regulate its commerce with the other 
states, and with foreign nations; and each, consequently, 
imposed such duties on the productions of neighboring states 
and foreign nations as a regard for its own exclusive inter¬ 
ests dictated. The mutual jealousies and rivalries which 
prevailed among the states, induced the adoption of different 
systems of policy in the different states, which destroyed the 
prosperity of the whole. To remedy these evils, and to pre¬ 
vent their recurrence, the power to regulate commerce was 
vested in the general government. 

§ 292. The power “ to regulate commerce,” as also the 
power “ to lay and collect duties, imposts, and excises, to 
u pay the debts and provide for the common defence and 
“ general welfare,” has been employed in laying duties for 
the purpose of encouraging domestic or home manufactures. 
These are called protecting duties , being calculated to pro¬ 
tect our own citizens against loss from foreign competition. 


§ 289. To what general objects does the power to regulate com¬ 
merce extend? § 290. What is commerce ? What docs it include? 
$ 291. Why was this power granted to congress ? § 292. For what 



REGULATION OF COMMERCE. 


109 


§ 293. The nature and object of protecting duties may 
be thus illustrated: 

Suppose the people of the United States to receive their 
supplies of broadcloth from a foreign country, where the 
arts have been carried to a high degree of perfection, and 
whose citizens, from their long experience and'superior skill, 
are enabled to manufacture and sell this commodity at prices 
below the cost of manufacturing the same in this country. 
There would be no inducement to our own citizens to en¬ 
gage in the manufacture of cloths, because they could obtain 
for them in the market no more than is paid for foreign 
goods of like description. Suppose the price of a particular 
quality of foreign broadcloth to be three dollars a yard, and 
the cost of manufacturing cloth of the same quality in this 
country to be four dollars a yard. Now, let the government 
lay a duty of fifty per cent, on foreign cloths, and the pur¬ 
chaser of the imported article must pay for it four dollars 
and fifty cents. Thus the preference would be given to the 
domestic fabric, and the manufacturer would be protected 
against injury from the competition of foreigners. 

§ 294. But protective duties are by some considered un- 
constitutional. They maintain that neither the power to lay 
duties to promote the general welfare, nor the power to regu¬ 
late trade, authorizes congress to lay duties for the encour¬ 
agement of domestic manufactures ; that these clauses grant 
power only to lay duties for the purpose of revenue; and 
that, when congress imposes duties beyond what may be 
wanted to meet the necessary expenditures of the govern¬ 
ment, it transcends its constitutional powers. A construc¬ 
tion of this power which would authorize its being exercised 
for the purpose of protection, would justify its use on the 
most trivial occasions, on the plea that a measure is de¬ 
manded by the general welfare. The framers of the con¬ 
stitution cannot be presumed to have intended to confer a 
power liable to so sweeping and loose a construction. 

§ 295. It is maintained, on the other hand, that the powers 
granted in these clauses must imply the power to lay duties 


purpose has this power been employed ? § 293. Illustrate the nature 

and operation of a protecting duty. § 294. What objections arc made 
to this exercise of the power to regulate trade ? § 295. By what argu- 
10 



110 GOVERNMENT OF THE UNITED STATES. 

to encourage domestic manufactures, because the general 
welfare may imperiously demand such encouragement. As 
foreign nations, to favor their own commercial interests, 
might impose heavy duties upon our productions, it is not 
probable that the framers of the constitution should have 
overlooked the necessity of a power somewhere in the gov¬ 
ernment, to countervail the restrictions of foreign nations 
upon our manufactures and commerce, by a like policy. 
The common defence, also, it is said, requires the encour¬ 
agement of home manufactures. The sudden interruption, 
by war, of our commercial intercourse with a nation on 
which we had been accustomed to depend for the neces¬ 
saries of life, and perhaps even for the instruments of war, 
would place the country in ap unfavorable condition to de¬ 
fend itself against an independent enemy. 

§ 296. The late president Madison, whose authority on 
constitutional questions is held in the highest respect, and 
who was himself a distinguished member of the convention 
that framed the constitution, made known his opinions on 
this subject, in 1828, a time when the country, as well as 
congress, was not a little engaged in its discussion. Some of 
the reasons given by him in favor of the constitutionality of 
a protective tariff, are contained, in a condensed form, in 
the following paragraphs: 

^1.) The general meaning of the phrase, “ to regulate 
trade,” at the time when it was inserted in the constitution, 
and as understood and used by all commercial and manufac¬ 
turing nations, especially Great Britain, whose commercial 
vocabulary is the parent of ours, implies the power of pro¬ 
tecting manufactures. 

(2.) In the state conventions, in the course of their de- 
liberations on the adoption of the constitution, the transfer¬ 
ring of this power from the states to the general govern¬ 
ment was a subject of particular remark, and its existence 
acknowledged by both the advocates and opponents of the 
constitution. 

(3.) The exercise of this power by the states is pro¬ 
hibited in the constitution. If congress does not possess the 


ments is its constitutionality supported ? § 296. State briefly the 

reasons of Mr. Madison in favor of a protective tariff. § 298. To 



REGULATION OF COMMERCE. 


Ill 


power, it does not exist in the nation ; a policy without ex¬ 
ample in any other nation. 

(4.) This power was exercised in the first session of the 
first congress under the constitution, by the passage of an 
act laying duties on imports. The preamble to this act ex¬ 
pressly declared one of its objects to be, “ the encourage¬ 
ment and protection of domestic manufactures.’ , In this 
congress were many members of the convention which framed 
the constitution, and of the state conventions which ratified 
it; among whom were both those who were in favor of the 
constitution, and those who opposed it. Yet it does not 
appear that the power was denied by any of them. 

§ 297. It is to be admitted, however, that many states¬ 
men, of more than ordinary distinction, entertain opinions 
adverse to those above cited. And here it may not be im¬ 
proper to remark, that the opinions of the most eminent 
statesmen and politicians, whatever may be their claims to 
our respect, are not to be implicitly relied on as constitutional 
guides. It behooves every citizen—for all are equally in¬ 
terested—to study carefully for himself the great charter by 
which he holds his liberties. 

§ 298. The power of congress to regulate foreign com- 
merce, extends to wrecks on the seas; the construction of 
light houses ; the placing of buoys and beacons; the remo¬ 
val of obstructions to the navigation in creeks and rivers ; 
and to the designation of ports of entry and delivery. 

§ 299. The power to regulate internal commerce , or com¬ 
merce among the several states, was rendered necessary to 
give effect to the power of regulating foreign commerce. A 
material object of this power was to prevent one state from 
loading the goods imported or exported through it by an¬ 
other state, with unjust taxes and contributions. The mer¬ 
chandise of each state should be allowed a free passage 
through the jurisdiction of all the other states. But there 
would have been no security to the states of a free and un¬ 
interrupted trade, without a regulating power in the general 
government. 


what other objects does the power of congress to regulate foreign com¬ 
merce extend ? § 299. For what purpose is the power over internal 



112 


GOVERNMENT OF THE UNITED STATES. 


§ 300. To what extent congress may exercise this power, 
has been a subject of controversy. It is conceded, that con- 
gress can have no control over commerce which is carried 
on between the citizens of a state, or between the different 
ports of the same state. But the power of congress extends 
to commerce within a state on waters communicating with 
the ocean, and waters which afford means of intercourse be- 
tween several states. Acts of the legislature of New York, 
granting to individuals the exclusive right to navigate the 
waters of the state (Hudson river) in vessels propelled by 
steam, have been decided, by the supreme court of the United 
States, to be unconstitutional and void, and repugnant to the 
power of congress to regulate commerce, so far as they 
went to prohibit vessels licensed by the laws of congress to 
carry on the coasting trade, from navigating the waters of 
New York. 

§ 301. The power to regulate commerce extends to con* 
ferring privileges upon vessels of the United States, enga¬ 
ged in the coasting trade and fisheries. Coasting trade is 
the trade carried on between one district and another in the 
United States, on the sea coast, or on navigable rivers. All 
vessels of twenty tons and upwards, being enrolled accord¬ 
ing to law, and having a license, are entitled to the privileges 
of vessels employed in the coasting trade or fisheries. Ves¬ 
sels of less burthen, having only a license, are entitled to 
the same privileges. No vessel enrolled and licensed for 
this trade, may proceed on a foreign voyage, without having 
given up her enrolment and license, and been registered 
conformably to the laws regulating vessels employed in for¬ 
eign trade. If a vessel shall perform a foreign voyage with¬ 
out complying with this regulation, such vessel, with all her 
furniture, and goods imported therein, will be liable to seiz¬ 
ure and forfeiture. 

§ 302. The power of congress to regulate trade with the 
Indian tribes, extends to tribes within, as well as without the 
boundaries of the United States. It has been a subject of 


commerce necessary ? § 300. In what cases may this power be ex¬ 

ercised within a state? § 301. What is the coasting trade ? What 
requisitions must be complied with to entitle vessels to the privileges 
conferred on vessels employed in this trade ? § 302. Is the power to 



NAVIGATION. 


113 




dispute, whether the Indian tribes were to be regarded as 
foreign nations in their relations to the United States. It 
has been decided by the supreme court, that they are not 
recognized as such by the constitution : but they are to be 
considered as domestic, dependent nations, in a state of pu¬ 
pilage to the general government, and holding their territory 
by right of occupancy. This right of the Indians to their 
lands is acknowledged in the treaties made with them from 
time to time. By these treaties, the Indians place them¬ 
selves under the protection of the general government, which 
guaranties to them the peaceable possession of their lands 
not ceded to the United States. 

§ 303. By giving to the general government the power to 
regulate intercourse with the Indian tribes, it was intended 
to lessen the dangers of war. Hostilities on the part of the 
Indians had frequently been caused by the improper conduct 
of individual states. Difficulties would be more likely to be 
avoided by a uniform policy ; and when existing, would be 
more likely to be amicably settled by the general govern¬ 
ment, than by a state, which, being a party interested, would 
be more liable to misjudge the matter in dispute, as well as 
more unyielding in its demands of justice. 

§ 304. Since the year 1830, a different policy from that 
previously practised, has been pursued by the general gov¬ 
ernment towards the Indians, which has resulted in the al¬ 
most entire removal of them beyond the limits of the United 
States 


CHAPTER X. 

Commerce continued. — Navigation . 

§ 305. Navigation is the art or practice of conducting a 
ship from one port to another, and implies whatever relates 

regulate commerce with the Indian tribes limited to those within the 
boundaries of the United States ? Are they foreign nations ? § 303. 

Why was this power given to congress ? § 304. What has been the 

policy towards the Indians since 1830 ? 

10 * 


$ 




114 GOVERNMENT OF THE UNITED STATES. 

to traversing the water in ships or other vessels. In pur-- 
suance of the power to regulate commerce, congress has 
enacted laws conferring privileges upon ships built and owned 
in the United States, in order to encourage domestic navi¬ 
gation. This is done by imposing higher duties of tonnage 
and impost, upon foreign vessels and goods imported in them, 
than upon vessels of the United States and goods imported 
therein. These duties are called discriminating duties , be¬ 
cause the law discriminates, or makes a distinction or differ¬ 
ence between domestic and foreign navigation. 

§ 306. By acts of 1790 and 1817, vessels of the United 
States, when entered in the United States from a foreign 
port or place, are made subject to a duty of six cents a ton ; 
but if the officers and two thirds at least of the crew of a 
vessel, be not citizens of the United States, fifty cents a ton 
shall be paid. On every such vessel, entered in a district in 
one state, from a district in another state, the duty is six 
cents ; but unless three fourths of the crew be American 
citizens the duty shall be fifty cents a ton. 

§ 307. A higher duty is imposed on foreign than on 
American vessels. The above acts provide, that on vessels 
built within the United States, but which belong wholly or in 
part to subjects of foreign powers, a duty of thirty cents 
shall be paid ; on other vessels, fifty cents a ton. On foreign 
vessels entered in the United States from a foreign port at 
which American vessels are not ordinarily permitted to trade, 
there shall be paid a duty of two dollars a ton. 

§ 308. Vessels of the United States, to be entitled to the 
privileges enjoyed by such ships or vessels, must be regis¬ 
tered pursuant to the laws of the United States. After the 
admeasurement of a vessel by a surveyor, to ascertain her 
tonnage, the collector records or registers in a book kept 
for that purpose, the names of the vessel and the port to 
which she belongs, her burthen, the year and the name of 
the place in which she was built. A certificate of such re¬ 
gistry is then given by the collector of the district to the 
owner or commander of the vessel, who is required to give 


§ 305. What is navigation ? What are discriminating duties T 
$ 306. What regulations exist as to the duties on Ameriean vessels ? 
f 307. What are the duties on foreign vessels ? § 308. What regula. 



NAVIGATION LAWS. 


115 


a bond with sureties, that the certificate of registry shall bo 
used only for the vessel for which it is granted. If a cer- 
tificate of registry be fraudulently used for any vessel not 
entitled to the benefit thereof, such vessel shall be forfeited 
to the United States. 

§ 309. The master of a vessel departing from the United 
States, bound to a foreign port, is required to deliver to the 
collector of the district a manifest of all the cargo on board, 
and its value, by him subscribed and sworn to be true; 
whereupon the collector grants a clearance for the vessel, 
which is a certificate stating that the commander has cleared 
his vessel according to law. 

§ 310. Every vessel of the United States going to a for- 
eign country, shall, at the request of the master, be furnish, 
ed with a passport, the form of which is to be prepared by 
the secretary of state, and approved by the president. A 
passport is a written licerlse from the proper authority of a 
country, granting permission to pass from one country to 
another, or to navigate some sea without hindrance or mo¬ 
lestation. It contains the name of the vessel and that of the 
master, her tonnage and the number of her crew, certifying 
that she belongs to the subjects of a particular state, and re- 
quiring all persons at peace with that state, to suffer her to 
proceed on her voyage without interruption. 

§ oil. Passenger vessels are not permitted to carry a 
greater number of passengers than two for every five tons 
of their burthen. If the master or other person on board 
of a vessel of the United States, shall take on board at a 
foreign place, or bring into the United States; or if he shall 
transport from the United States to a foreign place, a greater 
number of passengers than two for every five tons of such 
vessel, according to the custom house measurement, he shall 
forfeit and pay one hundred and fifty dollars for every pas¬ 
senger above the number prescribed. If the number of pas- 
sengers shall exceed such number by twenty, the vessel 
shall be forfeited to the United States. The master or cap¬ 


tions must be complied with to entitle United States vessels to the in. 
tended privileges? § 309. What is required of the master of a vessel 
departing for a foreign port? What is a clearance. ? § 310. When are 

gmseports granted ? What is a passport ? §311. What restrictions 



116 GOVERNMENT OF THE UNITED STATES. 

tain of a vessel is required to report to the collector a list or 
manifest of all the passengers, designating their age, sex, 
and occupation ; the country to which they belong, and of 
which they intend to become residents; and the number, if 
any, that have died on the voyage. 

§ 312. None but citizens or persons of color, natives of 
the United States, may be employed on board of a vessel 
of the United States. For every other person so employed, 
the commander forfeits one thousand dollars. The master 
of every vessel bound to a foreign place, or of every vessel 
of the burthen of one hundred and fifty tons or upwards, 
bound to a port in any other than an adjoining state, is re¬ 
quired to make a written or printed agreement with every 
seaman or mariner employed on such vessel. 

§ 313. Every vessel of the burthen of one hundred and 
fifty tons or upwards, navigated by one or more persons, 
and bound on a voyage beyond the limits of the United 
States, and all merchant vessels of the burthen of seventy- 
five tons or upwards, navigated by six or more persons, and 
bound to the West Indies, shall be provided with a chest of 
medicines accompanied with directions for administering 
them. Vessels crossing the Atlantic ocean, shall have on 
board at least sixty gallons of water, one hundred pounds 
of salted meat, and one hundred pounds of wholesome ship 
bread, for each person on board. 

§ 314. A fund is provided for the relief of sick and disa¬ 
bled seamen, by requiring the master or owner of every ves¬ 
sel of the United States, before it shall be admitted to entry, 
to pay to the collector, at the rate of twenty cents a month 
for every seaman employed on board ; which sum he may 
retain out of their wages. The fund thus provided, is ad¬ 
ministered by such persons as the president of the United 
States shall appoint for the purpose. 

§ 315. The register,clearance, and other papers granted by 
the officers of the customs to a foreign vessel , at her depart¬ 
ure from the port from which she shall have arrived, shall. 


ire laid upon passenger vessels ? § 312. What persons only may be 

employed on United States vessels ? How must contracts be made 
with seamen ? § 313. How must certain vessels be supplied T § 314. 

How is relief provided for sick and disabled seamen ? § 315, 316. With 



NAVIGATION LAWS. 


117 


i 

previously to her entry in a port of the United States, be 
produced to the collector with whom the entry is to be made. 
And it is the duty of the master, within forty-eight hours 
after such entry, to deposit such papers with the consul or 
vice consul of the nation to which the vessel belongs; and to 
deliver to the collector the certificate of the consul or vice 
consul, that the papers have been so deposited. Any mas¬ 
ter who shall fail to comply with this regulation, shall be 
fined in a sum not less than five hundred, and not exceeding 
two thousand dollars. But this regulation does not extend 
to the vessels of-foreign nations, in whose ports American 
consuls are not permitted to have the custody of the register 
and other papers of vessels entering the ports of such na¬ 
tions. 

§ 316. No foreign consul may deliver to the master of 
any foreign vessel the register and other papers with him, 
until the master shall have produced to him a clearance 
from the collector of the port. For a violation of this law, 
the consul shall be fined in a sum not less than five hundred, 
nor exceeding five thousand dollars. 

§ 317. Under the power to regulate commerce with for¬ 
eign nations, congress rnay pass embargo and quarantine 
laws. Embargo means a stop put to trade ; or a prohibi- 
tion of state, commonly on foreign ships, to prevent their 
going out of port or coming in. Before the war of 1812, a 
law of this kind was passed, (December, 1807.) In a case 
tried in the district court of Massachusetts, it was argued 
that the act was unconstitutional; that congress had no right, 
under the power to regulate commerce, thus to annihilate it, 
by interdicting it entirely with foreign nations. The court 
decided that the act was constitutional. The power of con¬ 
gress relative to commercial intercourse is sovereign, except 
so far as it is qualified by the restrictions expressed in the 
constitution. 

§ 318. Quarantine signifies the time during which a ship, 
suspected of having contagious sickness on board, is forbid. 


what regulations must foreign vessels comply on entering our ports ? 
$317. What is an embargo? When was an embargo law passed? 
$ 318. What is the meaning of quarantine ? IIow has congress regu¬ 
lated quarantines / 



118 GOVERNMENT OF THE UNITED STATES. 

den to have intercourse with the place where she arrives* 
The term is derived from the Italian quaraniina, meaning 
the space of forty days, that being originally the period fixed 
for detaining ships in such circumstances. But the time 
now varies according to the circumstances of the case. 
Quarantines are required by the health laws of the states ; 
and congress has enacted, that all vessels, whether from a 
foreign port, or from another district in the United States 
and all revenue officers, shall be subject to the health laws 
of the state to whose ports such vessels shall be bound. And 
the president may direct suitable houses to be purchased or 
erected, in which goods may be landed from vessels subject 
to quarantine, at such other place in the state, as the safety 
of the revenue, and the observance of the health laws, may 
require. 


CHAPTER XI. 

Naturalization of Aliens — Bankruptcy. 

§ 319. Congress shall have power, “To establish a uni- 
“ form rule of naturalization, and uniform laws on the sub- 
“ ject of bankruptcies, throughout the United States.”— Art . 
1, sec. 8, cl. 4. 

§ 320. The evil to be apprehended from the immediate 
admission of foreigners to the privileges of citizens upon 
their arrival in this country, has already been the subject of 
remark. (§201.) Many of them having been educated 
under monarchical governments, can hardly be supposed to 
have much respect for republican institutions. At best, they 
can have but an imperfect knowledge of them. To intrust 
such persons with all the rights of native citizens, would be 
inexpedient and even dangerous. If they be ignorant, they 
may be deceived or misled ; if poor and vicious, their votes 
may be bought. They are liable thus to become the dupes 


§ 319. What power has congress respecting naturalization and 
bankruptcy ? § 320. Why ought not foreigners to be immediately al* 




NATURALIZATION. 


119 


w tools of unprincipled politicians, who, by their aid, may be 
raised into power. 

§ 321. But when foreigners shall have acquired a perma¬ 
nent residence here, and their interests shall have become 
identified with the interests of our citizens, it would be il¬ 
liberal, if not unjust, to deny them equal privileges in the 
country of their adoption. Provision has therefore been 
made for removing the disqualifications of aliens, by natu¬ 
ralization. Naturalization is the investing of an alien with 
the rights and privileges of a native citizen. 

§ 322. The power to make laws for naturalizing aliens, 
is given to congress, that they may be uniform throughout 
the United States. The adoption of different rules of natu¬ 
ralization in the several states, would be attended with great 
inconvenience and difficulty. A naturalized citizen, on re¬ 
moving into another state, would be deprived of all his po¬ 
litical rights, until he should have undergone the process of 
naturalization by the laws of such state. Or if, as is now 
provided by another clause of the constitution, the citizens 
of each state were entitled to the privileges of citizens in all 
the states, the objects of the naturalization laws of one state 
might be defeated by those of others. Hence the propriety 
of vesting this power in congress. 

§ 323. The constitution, while it provides for naturaliz¬ 
ing aliens, does not define the character either of citizens 
or of aliens. In the absence of such definition, reference 
must be had to the English common law. In the United 
States, aq alien may be defined to be a person born out of 
the jurisdiction of the country, and not having acquired the 
rights of naturalization. To this rule there is, however, 
an exception. In accordance with the principle of the 
English law, the right of citizenship is given by the act of 
congress of 1802, to children born out of the jurisdiction 
of the United States, of persons who are citizens of the 
United States ; such, for instance, are the children of public 
ministers born during the residence of their parents in a 
foreign country. 


lowed the privileges of citizens ? § 321. By what process may they 

become citizens ? What is naturalization ? § 322. Why is the power 

to make laws for this purpose given to congress ? § 323. Who arc 



120 GOVERNMENT OP THE UNITED STATES. 

§ 324. By the adoption of the constitution, the citizens 
of each state were made citizens of the United States ; for 
all who were not native citizens, citizens born within the 
United States, acquired the rights of naturalized citizens, 
by assuming allegiance to the government. Aliens can 
acquire no title to real estate. Should they purchase it, it 
is forfeited to the state whenever it is ascertained by proper 
examination to be the property of an alien. But aliens do* 
sometimes own real property, holding it in the name of a 
friend. They may own and transmit personal or moveable 
property in the same manner as citizens ; and they may 
bring suits for the recovery and protection of such property. 
In the state of New York, it is provided, that a resident 
alien of that state, may hold real estate, after he shall have 
filed in the office of the secretary of state, a certain de¬ 
position as to his intended residence and naturalization ; 
but he cannot lease or demise the same, until he becomes 
naturalized. 

§ 325. An alien, to become a citizen of the United 
States, must declare on oath, before a court of some one 
of the states, or a circuit court of the United States, or 
before a clerk of either of said courts, two years before his- 
admission, that it is his intention to become a citizen, and 
to renounce all allegiance to any foreign state or sovereign¬ 
ty, and particularly, by name, that whereof he is a citizen 
or subject. And lie must, at the time of his application, 
declare on oath before one of the said courts, that he will 
support the constitution of the United States. At the ex¬ 
piration of two years, he shall, on application of the court, 
be admitted as a citizen ; provided the court admitting such 
alien shall be satisfied that he has resided within the United 
States five years at least, and within the state or territory 
in which such court is at the time held, one year at least; and 
that, during that time, he has behaved as a man of good 
moral character, attached to the principles of the constitu¬ 
tion, and well disposed to the good order and happiness of 
the United States. But the oath of the applicant is not al¬ 
lowed to prove his residence. 


aliens in this country ? What exception to this rule ? $ 324. Of 
what privileges arc aliens destitute ? § 325. To become a citizen. 




BANKRUPTCY. 


121 


§ 326. By the act of 1824, an alien minor may be ad¬ 
mitted a citizen at any time after he shall have arrived at 
the age of twenty-one years, if he shall have resided five 
years in the United States, including at least three years of 
his minority, without having made a previous declaration 
of his intention to become a citizen. It is sufficient that 
the declaration be made at the time of his admission ; pro¬ 
vided that he then declare on oath, and prove to the satis¬ 
faction of the court, that, for three years next preceding, it 
has been his intention to become a citizen ; and that he 
comply, in all other respects, with the laws in regard to 
naturalization. 

§ 327. By the act of 1828, an alien who resided in the 
United Slates before the 18th June, 1812, and who con¬ 
tinues to reside here, need not previously declare his in¬ 
tention to become a citizen ; provided that he prove to the 
satisfaction of the court, that he was residing in the United 
States before the 18th June, 1812, and that he has con¬ 
tinued to reside here; and provided also that his residence 
be proved by the oath or affidavit of citizens of the United 
States. If the alien shall have arrived after the peace of 
1815, his residence must have been continued for five years 
next preceding his admission, without having been, at any 
time during the five years, out of the territory of the United 
States. 

§ 328. Children of persons duly naturalized, being minors 
at that time, shall, if dwelling in the United States, be deemed 
citizens. And if an alien shall die after his declaration, and 
before his actual admission, his widow and children shall be 
deemed citizens. 

§ 329. The other power expressed in this clause of the 
constitution, is that of establishing uniform bankrupt laws. 
The word bankrupt, is derived from bancus , a bench, and 
ruptusj broken, In allusion to the benches formerly used by 
money lenders in Italy, which were broken or destroyed in 


what declarations must he make before and at the time of his admis¬ 
sion ? On what conditions is he then admitted ? § 326. On what 

terms are alien minors admitted ? § 327. What are the provisions of 

the act of 1828? § 328. What, in regard to widows and children? 

§ 32D. What is the meaning of bankrupt , and insolvent and bank- 

11 



122 GOVERNMENT OF THE UNITED STATES. 

case of failure. This word generally means an insolvent 
person, but more strictly, an insolvent merchant. A dis- 
tinction has been made by some between insolvent laws and 
bankrupt laws ; the latter providing for discharging the 
debtor from his contracts, the former merely liberating his 
person from imprisonment. 

§ 330. These laws are founded in principles of humanity 
and justice, being designed for the relief of unfortunate 
debtors, who could never hope to rise from a state of pov¬ 
erty, without a release from their debts; and also for the 
benefit of creditors, by securing to them the effects of their 
bankrupt or insolvent debtors. The power to make these 
laws is with propriety intrusted to congress. The dissimi- 
lar and conflicting laws of the different states, and the 
entire want of them in some states, had caused much in¬ 
convenience. Debtors, though discharged from debts in 
one state, were still liable to prosecution and imprisonment 
on removing into another state. 

§ 331. As the constitution prohibits the states from pass, 
ing laws impairing the obligation of contracts, the right of 
a state to pass insolvent or bankrupt laws is questioned by 
many, who maintain that such laws impair the obligation 
of contracts; or that, as the power is given to congress to 
establish a uniform system of bankruptcy, the states are 
thereby deprived of the power to make insolvent laws. 

§ 332. From decisions which have been made by the 
supreme court of the United States, it appears, (1.) That a 
state has no authority to pass an insolvent or bankrupt law, 
to discharge a debtor from the obligation of a contract made 
before such law was passed. But if the law existed before 
a contract was made, it did not, in the sense of the consti¬ 
tution, impair the obligation of that contract; because par- 
ties are presumed to have reference to the existing laws of 
the country when such contract is made. (2.) That, until 
congress establish a uniform system of bankruptcy, a state 
may pass such insolvent laws as do not impair the obligation 
of contracts. (3.) That a discharge is valid only between 


rupt laws ? § 330. What is the object of these laws ? Why is the 
power to make them given to congress ? § 331, 332, 333. What 
legal opinions have been given respecting the right of states to pass 




COINING MONEY. 


123 


the citizens of the state by which such law was passed; 
and that a debtor, if he should remove into another state, 
and there take the benefit of an insolvent law, is not dis¬ 
charged from debts contracted before his removal. 

§ 333. In view of the judicial decisions on this subject, 
chancellor Kent observes : “ It remains yet to be settled, 

whether it be lawful for a state to pass an insolvent law. 
which shall be effectual to discharge the debtor from a debt 
contracted after the passing of the act, and within the state* 
making the la^jv. The, general language of the court would 
seem to reach even this case ; but the facts in the cases 
decided do not cover this ground, and are not authority to 
that extent.” 

§ 334. Congress has heretofore, (April, 1S00,) exercised 
its power to pass bankrupt laws ; but the law enacted was 

repealed in December, 1803. There is no existing law of 
congress on the subject. 


CHAPTER XII. 

Money—Weights and Measures. 

§ 335. Congress shall have power, “To coin money# 
u regulate the value thereof, and of foreign coin, and fix the 
* standard of weights and measures.”— Art. 1, sec. 8, cl. 5. 

§ 336. Were each state permitted to coin money and 
affix to it such value as it pleased, the varying standards 
established by different states would render trade between 
the states extremely embarrassing. To produce a uniform 
standard of value in coin, exclusive power over the currency 
was given to congress. 

§ 337. The word coin , (French,) means a stamp, or 
money stamped with a legal impression. Coining, until the 


insolvent laws ? § 334. Is there any law of congress on this sub¬ 

ject ? 

$ 336. Why is the power to coin money and regulate its value 
given to congress ? § 337, 338. What is the meaning of coin 7 





124 GOVERNMENT OF THE UNITED STATES. 

last two or three centuries, was very imperfectly performed, 
by placing the blank piece of money between two dies, or 
steel punches containing the design or figure of the coin, 
and striking upon the upper one with a hammer. The im¬ 
perfection of this hammer money was caused by the un¬ 
certainty of placing the two dies exactly over each other, 
and the improbability of a man’s being able to strike a blow 
with such force as to make all parts of the impression 
equally perfect. 

§ 338. The coining press, or mill, now used, was invented 
in France. The bars or ingots of gold or silver, after hav¬ 
ing been cast, are taken out of the moulds, and their surfaces 
cleaned. They are then flattened by rollers, and reduced 
to the proper thickness to suit the species of money to be 
coined. The plates are next cut out into round pieces by 
a circular steel punch of the size of the coin, which is driven 
downward by a powerful screw, and passes through a cor¬ 
responding circular hole, carrying before it the piece of 
metal which is punched out. These pieces are brought to 
the standard weight, if necessary, by filing or rasping : tho 
deficient pieces, together with the corners and pieces of the 
plates, are returned to the melter. The inscription or im¬ 
pression on the edge is made by rolling the coin, edgewise, 
between two plates of steel containing the engraved edging. 
The stamping is performed by pressing the piece with a 
powerful screw between two steel dies, on which the figure 
to be impressed is engraved. 

§ 339. The place where money is coined by public au¬ 
thority, is called the mint. The officers and persons who 
conduct the business of the mint of the United States, are a 
director, a treasurer, an assayer, a chief coiner, an engraver, 
and a melter and refiner. The director , with the approba¬ 
tion of the president of the United States, employs the ne¬ 
cessary clerks and workmen, and has the chief management 
of the business of the mint. The treasurer receives the 
metals brought to be coined, and gives receipts for them. 
The assayer receives from the treasurer a sufficient number 
of grains of every parcel, and assays them. This is a pro. 


Describe the Coining process. § 339. What is mint ? What is tho 
bufciuccsi of the director, treasurer, and assayer ? What is alloy ? 




COINING MONEY, ETC. 


125 


cess to ascertain the quantity of gold or silver in the alloy. 
Alloy is a composition formed by the combination of two or 
more metals. To alloy means to mix a metal of less with 
one of greater value. The baser metals are used to alloy 
gold and silver coins, to prevent their loss by wear. 

§ 340. The treasurer delivers the assayed metals to the 
chief coiner, from whom he receives them when struck, and 
pays or delivers them to the persons to whom they are to be 
delivered. He also keeps all moneys for the support of the 
mint, and pays them out upon warrants signed by the di¬ 
rector. The chief coiner causes to be coined all metals re¬ 
ceived by him for that purpose. The engraver sinks and 
prepares the dies with the proper devices and inscriptions. 
The melter and refiner takes charge of all copper, or silver 
and gold bullion delivered out by the treasurer after it has 
been assayed, and reduces them into bars or ingots fit for 
the rolling mills. Bullion is uncoined gold or silver in plates, 
bars, or masses. 

§ 341. The proportional value of gold to that of silver 
coins by law current as money in the United States was 
formerly as fifteen to one; that is, fifteen pounds of pure 
silver were equal in value to one pound of pure gold. But 
in 1834, congress by law changed the proportional and 
standard values. The present value of gold coins of the 
United States is as sixteen to one of silver. The value of 
the eagle of the old coinage is consequently about $10,66; 
and the new eagle contains a quantity of gold only that was 
before valued at about $9,38. Foreign gold coins are made 
lawful, according to their real value, by the same standard 
with our own. The dollars of Spain, Mexico, and the South 
American states, are lawful at the same value with our own 
dollars. The five franc pieces of France are lawful at 93 
cents each. 

§ 342. Congress shall have power, “To provide for the 
“ punishment of counterfeiting the securities and current 
44 coin of the United States.”— Art. 1, sec. 8, cl. 6. 

§ 343. The power to coin money would be of little use 


§ 340. What is the business of the chief coiner, engraver, and melter 
and refiner? What is bullion ? § 341. What was formerly, and what 

is at present, the standard value of coin ? § 342, 343. Why is the 

11 * 



126 GOVERNMENT OF THE UNITED STATES. 

without the power to provide for the punishment of counter¬ 
feiting it; and although this power might be reasonably 
considered as implied in the power to coin money, it is 
with propriety granted by express provision. 

§ 344. The counterfeiting and debasing of current coin 
are deemed aggravated offences, and are punished with 
heavy penalties. Any person who shall falsely make, or 
fraudulently pass, any coin in resemblance of the gold or 
silver coin of the United States, shall be liable to a fine not 
exceeding five thousand dollars, and imprisonment not ex¬ 
ceeding ten years, according to the aggravation of the of¬ 
fence. For falsifying or lightening any gold or silver coin 
in actual use as money, the penalty is imprisonment not 
exceeding two years, and fine not exceeding two thousand 
dollars. For counterfeiting copper coin, a fine not exceed¬ 
ing one thousand dollars, and imprisonment not exceeding 
three years. 

§ 345. Any officer or person employed at the mint of the 
United States, who shall debase or make worse any gold or 
silver coin, as to the proportion of fine gold or fine silver, or 
shall make the same of less weight or value than it ought to be, 
with a fraudulent intent, or shall embezzle any of the metals 
left at the mint to be coined, shall be guilty of felony, and 
imprisoned not less than one year, nor more than ten years, 
and fined not exceeding ten thousand dollars. 

§ 346. Fines and penalties similar to the above are in¬ 
flicted upon persons who counterfeit or forge any public 
security, treasury note, deed, power of attorney, certificate 
of public stock, or other writing relative to the business of 
the United States. 

§ 347. The exclusive power to fix the standard of weights 
and measures is properly given to congress, in order to en¬ 
sure uniformity throughout the United States : that body has 
not yet legislated on the subject. Each state, therefore, re¬ 
tains the right to adopt and regulate its own standard. 


power to punish counterfeiting necessary ? § 344, 345. What is the 
penalty for counterfeiting and debasing coin ? § 346. What other 

species of counterfeiting is punishable ? § 347. Has congress exer¬ 
cised its power to fix the standard of weights and measures ? 



POST OFFICE. 


127 


CHAPTER XIII. 

Post Offices and Post Roads. 

§ 348. Congress shall have power, “ To establish post 
u offices and post roads.”— Art. 1, sec. 8, cl. 7. 

§ 349. The vast importance of a general and rapid circu¬ 
lation of intelligence among the people, and the utility of the 
post office in aiding the government to perform its business 
operations in all parts of the union with economy and de¬ 
spatch, rendered some provision necessary to facilitate the 
transportation of the mail. The propriety of intrusting the 
sole regulation of the post office department to the general 
government, is manifest. Indeed, it is impossible to con¬ 
ceive how a business so complicated could be managed by 
the states. 

§ 350. It is the opinion of some, that the power to estab¬ 
lish post offices and post roads is limited to the power of 
establishing post routes, or pointing out the road# on which 
the mails are to be carried, of directing where post offices 
shall be kept, and of appointing postmasters. The more 
probable opinion is, that congress may also make or repair 
roads wherever or whenever the same shall be necessary 
for the conveyance of the mail. This necessity, however, 
can rarely occur, as roads are seldom wanting where there 
are people to be accommodated by mails. 

§ 351. A general post office was established by the co¬ 
lonial congress, as early as the year 1775. The laws by 
which it has been regulated have been changed, from time 
to time, as improvements were suggested, and as the in¬ 
crease of its business demanded. The business of the gen¬ 
eral post office is under the supervision of a postmaster 
general. This officer is at present considered a member 
of the president’s cabinet, and the general post office an 
auxiliary executive department. 


§ 348, 349. What is the use of the power to establish post offices ? 
§ 350. What opinions prevail respecting the extent of this power? 
§ 351. When was the general post office established ? What is the 
chief officer called ? § 352. What are his principal duties ? § 353. 



128 GOVERNMENT OF THE UNITED STATES. 

§ 352. The postmaster general establishes post offices, 
appoints postmasters and other persons employed in the 
several departments of the general post office, and gives 
instructions relative to their duties. He provides for carry, 
ing, the mail on all post roads as often as he may think 
proper, and directs the revenues arising in the department, 
and all debts due the same, to be paid into the treasury of 
the United States. And it is his duty to make to congress, 
at each annual session, a report of all contracts made for 
the transportation of the mail the preceding year, and re¬ 
ports of the expenditures and receipts of the department. 

§ 353. The postmaster general is assisted by three as¬ 
sistant postmasters general, and such number of clerks as 
the business of the department may require ; and an auditor 
of the treasury of the post office department, who is ap¬ 
pointed by the president and senate, and whose duty it is 
to receive all accounts arising in the department, and to 
audit and settle the same, and to superintend the collection 
of the debts due the department. 

§ 35t. Contracts for the transportation of the mails are 
made as follows: 

The postmaster general gives twelve weeks’ previous 
notice, in one newspaper published at the seat of govern¬ 
ment, and in one or more in the state in which the contracts 
are to be made for transporting the mail, that such contracts 
are to be made. Those who wish to engage to transport 
the mails on any of the routes advertised, send their pro¬ 
posals to the postmaster general, stating the lowest sum for 
which they will agree to carry the mail. He that proposes 
to carry for the least sum has the contract. 

§ 355. The rates at which letters, newspapers, pamphlets, 
and magazines are carried by mail, are established by law, 
and are as follows : 

For every letter composed of a single sheet of paper, not 
exceeding thirty miles, six cents ; over thirty, not exceeding 
eighty miles, ten cents; over eighty, not exceeding one 
hundred and fifty miles, twelve and a half cents; over one 
hundred and fifty, not exceeding four hundred miles, eighteen 


What assistance docs lie receive ? § 354. How are contracts made 

for transporting the mail ? § 355. What are the rates of postage on 



POST OFFICE. 


129 


cents and three fourths; over four hundred miles, twenty, 
five cents. For every double letter, or letter composed of 
two pieces of paper, double those rates; for every triple 
letter, three times those rates; for every packet of four or 
more pieces of paper, and weighing one ounce, four times 
those rates; and in proportion for all greater weights. No 
packet of letters transported by water mails, are charged 
with more than quadruple postage, unless the same shall 
contain more than four letters ; and no postmaster may . put 
into the mail any packet of more than three pounds weight. 

§ 356. Every four folio pages, or eight quarto, or sixteen 
octavo, or twenty-four duodecimo pages, or pages of less 
size than that of a pamphlet or magazine, are considered a 
sheet. The rates of postage on newspapers, pamphlets, and 
magazines, are as follows : 

On every newspaper carried any distance within the state, 
the postage is one cent; if carried over one hundred miles, 
and out of the state in which it is mailed, one cent and a 
half. On periodical pamphlets and magazines, such as are 
issued in numbers at regular intervals, carried not over one 
hundred miles, one and a half cents a sheet; over one hun. 
fired miles, two and a half cents. 

§ 357. Any memorandum or writing on a newspaper 
transmitted by mail, is charged with letter postage. But the 
publisher of a newspaper may send a printed or written no- 
tice to a subscriber, stating the amount due on his subscrip¬ 
tion ; for which notice there shall be charged the same post¬ 
age as for a newspaper. 

§ 358. The following officers are allowed to send and re¬ 
ceive their letters and packets free of postage : 

Every postmaster, provided each of his letters or packets 
shall not exceed half an ounce in weight; every member of 
congress, provided each letter or pamphlet, (except docu¬ 
ments printed by order of congress,) shall not exceed two 
ounces, during his attendance in any session of congress, 
and sixty days before and after such session; and all the 
civil officers at the seat of government: and each may re- 


letters ? § 356. What on newspapers, pamphlets, and magazines ? 

4 357. What concerning a writing on a newspaper ? 4 358. What 
officers are exempt from paying postage ? To what extent ? What is 


9 



130 GOVERNMENT OF THE UNITED STATES* 

ceive a newspaper free of postage, provided that no post¬ 
master shall receive, free of postage, more than one daily 
newspaper, or what is equivalent thereto ; and that no mem¬ 
ber of congress shall receive newspapers, free of postage, 
after his privilege of franking shall have ceased. To frank 
means to exempt a letter or packet from postage. The 
person entitled to this privilege, writes on the outside of the 
letter or packet, his name and office ; and the same is sent 
free. 

Every printer of a newspaper may send one newspaper to- 
every other printer of a newspaper, free of postage. 

§ 359. At the end of every quarter, every postmaster is 
required to publish in a newspaper, at or nearest the place 
of his residence, for three weeks successively, a list of all 
the letters remaining in his office ; or shall cause a number 
of such lists to be posted up in his vicinity: and he is re¬ 
quired, at the expiration of the next three months, to send 
such of the said letters as then remain on hand, as dead let¬ 
ters, to the general post office, where they are opened and 
examined ; and such of them as are found to contain any 
matter of value, are returned to the writers thereof. 

§ 360. Postmasters are allowed as a compensation for 
their services, a commission on letter postages by them re¬ 
ceived, not exceeding the following rates on the amount re¬ 
ceived in one quarter: 

On a sum not exceeding one hundred dollars, thirty per 
cent.; on any sum over and above the first hundred dol¬ 
lars, not exceeding four hundred, twenty per cent.; on any 
sum over and above the first four hundred dollars, not ex¬ 
ceeding two thousand four hundred, twenty per cent.: on 
any sum over and above the first two thousand four hundred 
dollars, eight per cent.; on moneys received for the postage 
of newspapers, magazines, and pamphlets, fifty per cent. 
Postmasters whose compensation does not exceed five hun¬ 
dred dollars a quarter, are allowed two cents for every free 
letter delivered out of their offices. 

§ 361. Any postmaster who shall unlawfully detain in his 

franking ? How is it done ? § 359. What is done by postmasters at 
the end of each quarter ? § 360. What compensation do postmasters 

receive ? § 361. What is the penalty for detaining letters, &c. ? What 
are the salaries of the chief officers of the department ? 



PATENTS AND COPY RIGHTS. 


131 

office any letter or paper, or give a preference to any letter 
or paper over another, by forwarding the one and retaining 
the other, shall be liable to a fine not exceeding five hum 
dred dollars, and imprisonment for a term not exceeding six 
months, and incapable, for ever thereafter, of holding the 
office of postmaster in the United States. The salary of the 
postmaster general is $6,000 a year ; three assistants, each 
$2,500; auditor, $3,000. 


CHAPTER XIV. 

Patents and Copy Rights . 

§ 362. Congress shall have power, “ To promote the pro- 
“ gress of science and useful arts, by securing, for limited 
“ times, to authors and inventors, the exclusive right of their 
“ respective writings and discoveries.”— Art. 1 ,sec. 8, cl. 8. 

§ 363. The utility of this power is universally admitted. 
It is but just that those who spend their time in preparing 
books for the public, or in making useful discoveries, should 
receive a due reward for their labors. But this they could 
not receive, if all other persons had an equal right to use and 
sell their works and inventions. But the benefits of this 
provision are not confined to the authors and inventors. 
Discoveries and improvements in the arts and sciences, from 
which the world has derived the greatest advantages, would 
probably never have been made, had not encouragement 
been given to genius, by securing to inventors the profits of 
their discoveries. 

§ 364. The right of property of authors and inventors in 
their works, had, before the revolution, been decided to be a 
common law right, and had been secured to them for limited 
times, by acts of parliament. Under the confederation, some 
of the states had, by legislative acts, favored certain discov. 


§ 362. What power has congress to grant exclusive rights ? $ 363. 
What is the utility of this power ? Why given to congress ? § 364. 





132 GOVERNMENT OF THE UNITED STATES. 

eries ; but as the effect of these laws did not extend beyond 
the limits of the states in which they were enacted, little 
benefit was derived from them. 

§ 365. There is attached to the department of state, an 
office denominated the patent office, the chief officer of which 
is called the commissioner of patents, appointed by the presi¬ 
dent and senate. It is the duty of this officer, under the di¬ 
rection of the secretary of state, to superintend the granting 
of patents and other business done in the office. The salary 
of the commissioner is $3,000 a year. The commissioner 
appoints, with the approval of the secretary of state, a chief 
clerk, at a salary of $1,700, on whom devolve the duties of 
the commissioner in his absence. The commissioner may 
also appoint, in the same manner, other necessary clerks. 

§ 366. To secure an exclusive right to make, use, and 
sell any new and useful invention, the inventor must deliver 
to the commissioner of patents, a written description of the 
invention for which he desires to obtain the right; and if it 
be a machine, it must be accompanied with drawings and 
written explanations of the principle, and the modes of the 
application of that principle, by which it maybe distinguish¬ 
ed from other inventions; and he must specify particularly 
the improvement or combination which he claims as his own 
invention or discovery. In cases which admit of it, a model 
of the invention must also be furnished ; and the applicant 
must swear or affirm, that he believes that he is the true dis¬ 
coverer of the art or improvement for which he asks a pat¬ 
ent, and that the same has not to his knowledge been known 
or used ; and also of what country he is a citizen. 

§ 367. Every inventor, before nis petition is considered, 
must pay into the treasury, or into the patent office, the sum 
of thirty dollars, if he be a citizen of the United States ; if 
a subject of Great Britain, five hundred dollars ; and all 
other persons, three hundred dollars. The commissioner 
then makes, or causes to be made, an examination of the al¬ 
leged new invention ; and if it shall not appear that the same 
had been before discovered, he issues a patent therefor. But 


How was it exercised formerly ? § 365. How is the patent office or¬ 
ganized ? Salaries of officers ? § 366. What must be done to procure 

a right for an invention ? § 367. How much must be paid ? On what 



PATENTS AND COPY RIGHTS. 


133 


if it shall appear that the applicant be not the original in¬ 
ventor, or that the description is defective, he shall inform 
the applicant, who may withdraw his application, relinquish¬ 
ing his claim to the model, and receive back twenty dollars. 
But if the applicant shall persist in his claim, he may, by 
paying to the credit of the treasury as before, twenty-five 
dollars, have a decision of a board of examiners, composed 
of three disinterested persons, to be appointed by the secre- 
tary of state ; by which decision the commissioner shall be 
governed. 

§ 368. Patents are granted for the term of fourteen years ; 
and it is provided, that, by paying forty dollars to the credit 
of the treasury, the applicant may have the hearing of a 
board, consisting of the commissioner, the secretary of state, 
and the solicitor of the treasury, who may extend the patent 
for the farther term of seven years, provided it shall be made 
to appear that the patentee, without neglect or fault on his 
part, has failed to obtain a reasonable profit from his inven¬ 
tion. But before the said board shall sit for this purpose, 
the commissioner shall cause to be duly published, in one or 
more newspapers in the city of Washington, and in one or 
more papers in the section of country most interested ad¬ 
versely to the extension of the patent, a notice of the appli- 
cation, and of the time and place of the sitting of the board, 
that any person may appear and show cause why the exten¬ 
sion of the patent ought not be granted. 

§ 369. Any person who shall make, use, or sell any in- 
vention, the right of which is secured to a patentee, shall 
forfeit a sum, not exceeding three times the amount of 
damages actually sustained. But if it shall be proved by 
the defendant, that there was in the specification any false 
statement made to deceive the public; or that the thing 
thus secured was not first discovered by the patentee ; or 
that the patent was surreptitiously obtained for the discovery 
of another person, judgment shall be rendered for the defend¬ 
ant. Prosecutions for violations of patents and copy rights, 
must be made in the circuit courts of the United States. 


conditions is it then granted; and by whom ? § 368. For how many 
years? On what conditions may the right be extended for seven 
years ? § 369. What is the penalty for infringing a right ? § 370, 
12 



134 GOVERNMENT OF THE UNITED STATES* 

§ 370. To secure the exclusive right to print and sell 
any look, map, or chart, the author or proprietor is required 
to deposit a printed copy thereof in the clerk’s office of the 
district court of the district in which the author or pro* 
prietor resides. The clerk records the title in a book kept 
for that purpose, and gives to the author, under the seal of 
the court, a copy of the record ; for which record the clerk 
is entitled to fifty cents, and the like sum for every copy, 
under seal, given to the author or proprietor, or his assigns* 
The clerk is required to transmit, every year, to the secretary 
of state of the United States, a list of all copy rights de¬ 
posited in his office. 

§ 371. The author or proprietor must, within three months 
after the publication of the book, map, or chart, deliver a 
copy of the same to the clerk of the district court. He 
must also cause to be printed on the title page, or page im¬ 
mediately following, of every copy of the said book, if it be 
a book, or if it be a map or chart, on the face thereof, the 
following words : “ Entered according to act of congress, 
4 ‘ in the year by in the clerk’s office of the 

“ the district court of 

§ 372. At the expiration of the term for which a copy 
right shall have been secured, which is in all cases twenty- 
eight years, such right shall be continued for the farther 
term of fourteen years, provided the title of the work be 
again recorded, and all other regulations with regard to ori¬ 
ginal copy rights be complied with, within six months be¬ 
fore the expiration of the fi^st term. And the author or 
proprietor must, within two months after the renewal, cause 
a copy of the record to be published in one or more news-* 
papers printed in the United States, for the space of four 
weeks. 

§ 373. If any other person, after the title of a book, map, 
chart, or engraving shall have been duly recorded and pub¬ 
lished, shall cause the same to be printed or published* 
without the consent of the author in writing, signed in the 
presence of two or more witnesses, the offender shall forfeit 


371. Describe the manner of obtaining copy rights for books, maps, 
and charts. § 372. For how long a term are copy rights granted 7 
How, and for what term renewed ? § 373. What is the penalty fo? 



PATENT AND COPY RIGHTS. 


135 


every copy of the same to the author or proprietor; and 
he shall farther forfeit, if it be a book, fifty cents, or if it be 
a map, chart, or engraving, one dollar, for every sheet found 
in his possession, or printed, or exposed to sale; one half 
thereof to the proprietor who shall sue for the same, and 
the other half to the United States. Any person who shall 
print or publish the manuscript of an author or proprietor, 
without his consent, as before mentioned, shall be liable to 
the author for all damages sustained by the injury. 

§ 374. If any person printing or publishing a book, shall 
.print therein that the same has been entered according to 
act of congress, without having legally acquired a copy 
right, he shall forfeit one hundred dollars. 

§ 375. Patents and copy rights may bo assigned and 
transferred to others-; and the assignees have all the rights 
secured to the original parties. But every grant and con¬ 
veyance of a right to an invention, must be recorded in the 
.patent office, within three months from the execution thereof.; 
for which the commissioner shall receive three dollars. 
Assignments of copy rights must be recorded in the offices 
whence they were issued. Rights may be obtained by the 
heirs of inventors who have died before the rights were 
^obtained. 

§ 376. Congress shall have power, “To constitute tri¬ 
bunals inferior to the supreme court.”— Art. 1, sec.- 8, 
*c/. 9. 

[For the organization and jurisdiction of these tribunals, 
see Judicial Department. The clause is inserted here 
'merely to exhibit the several clauses of this section of the 
constitution in unbroken order.] 


a violation of the law ? § 375. How may rights be assigned and 
transferred ? 



136 GOVERNMENT OF THE UNITED STATES. , 

CHAPTER XV. 

Piracies , Felonies , and Offences against the Law of Rations. 

§ 377. Congress shall have power, “ To define and 
u punish piracies and felonies committed on the high seas, 
u and offences against the law of nations.”— Art. 1, sec. 8. 
cl 10. 

§ 378. Our citizens are recognized, by foreign nations, 
as citizens of the United States, and not as citizens of the 
states, and consequently, as the general government, and not 
a state, is responsible to foreign nations for injuries committed 
on the high seas, by any citizen of the United States, this 
power is granted to congress. Besides, no single state is 
able to protect its commerce. 

§ 379. The power to define felonies is especially requisite 
in the national government. The term felony was not ex¬ 
actly defined by the common and statute laws of England ; 
and its meaning was various in the different states. It was 
sometimes applied to capital offences ; at others to such as 
were by the common law punished by forfeiture of goods 
and lands. For the sake of uniformity, therefore, the power 
to define as well as punish offences on the seas, was given 
to congress. 

§ 380. Piracy is the crime of robbery and depredation 
committed upon the high seas. As it is an offence against 
the law of nations, every nation has a right to attack and 
exterminate pirates, without any declaration of war. High 
seas, under the statute, comprehends an open roadstead, 
though vessels lie in it under the shelter of the land, at a 
season when the course of the wind is invariable ; and also 
any waters on the sea coast, without the boundaries of low- 
water mark, though such waters are in a roadstead or bay, 
within the jurisdictional limits of a foreign government. 

§ 381. By the laws of the United States, if a person 


$ 377, 378. Why ought congress to have the power to punish these 
offences ? § 379. Why is the power to define felony necessary ? 
What is felony? $380. What is piracy? What is meant by high 
§381. What offences on the sea are piracy? §382, 383. 



PIRACIES, FELONIES, ETC. 


137 


commit, upon the high seas, out of the jurisdiction of a 
state, murder or robbery, or any other offence which, if 
committed in the body of a county, would, by the laws of 
the United States, be punishable with death, he shall be ad¬ 
judged a pirate and felon, and punished with death. And if 
a captain or mariner of any vessel feloniously run away 
with the vessel, or any goods or merchandize to the value 
of fifty dollars, or shall yield up a vessel voluntarily to 
pirates ; or if a seaman lay violent hands upon his com¬ 
mander, to prevent him from defending the ship or goods 
committed to his trust, or make a revolt in the ship; every 
such offender shall be adjudged a pirate and felon, and suffer 
death. 

§ 382. The African slave trade, which was tolerated for 
many years after the constitution was adopted, was, in 1820, 
declared piracy. The transportation of slaves from the 
United States, by citizens thereof, to any foreign country, 
was prohibited by acts of 1794 and 1800. But as the im¬ 
portation of slaves was allowed by the constitution until 1808, 
no law against their importation could be passed to take 
effect before that time. 

§ 383. A law was enacted in 1807, making it unlawful, 
under severe penalties, to import slaves into the United 
States. And laws were from time to time enacted, for the 
effectual suppression of the trade. By the law of 1820, it 
was provided, that, if any person whatever, being of the 
crew of any vessel armed or navigated for or on behalf of 
a citizen of the United States, or owned in whole or in part 
by a citizen of the United States, shall land on a foreign 
shore, and seize a negro or mulatto, with intent to make 
him a slave, or shall decoy or forcibly bring such negro on 
board such vessel, he shall be adjudged a pirate, and suffer 
death. 

§ 384. If a person upon the high seas shall murder, or 
otherwise so injure any other person that he shall afterwards 
die upon the land, the offender shall be punishable with 
death. If a person shall wilfully destroy, or aid in destroy, 
ing, a vessel of war of the United States on the high seas; 


What are the laws respecting the slave trade ? $ 384. What crimes 
12 * 



138 GOVERNMENT OF THE UNITED STATES. 

•or if, being the owner of a vessel, he shall corruptly cast 
away, or aid in destroying the same, with a design to pre* 
judice any person that has underwritten a policy of in* 
surance, he shall suffer death. For maliciously attacking a 
vessel with intent to plunder the same, the offender shall 
be punished by a fine not exceeding five thousand dollars, 
and imprisonment not exceeding ten years. Numerous 
•other crimes on the high seas are punishable by fine and 
imprisonment, in proportion to the aggravation of the offence. 

§ 385. If a person, within a fort, arsenal* navy yard, or 
magazine* shall burn a dwelling house* store* barn, or other 
building, he shall be punishable with death. Sundry other 
crimes, if committed within any territory under jurisdiction 
of the general government, are punishable with fine and im* 
jprisonment. 

§ 386. Offences against the law of nations are, besides 
piracy, violations of safe conducts or passports* and infringe* 
ments of the rights of ambassadors and other foreign minis* 
ters. A safe conduct contains a pledge of the public faith, 
that it shall be duly respected 5 and the observance of this 
duty is essential to the character of the government that 
grants it. An ambassador cannot be made.answerable in a 
court of justice. If he commit an offence, he must be sent 
home to be punished by the laws of his own country. 

§ 387. The statute law of the United States provides, in 
furthering the general sanction of the public law, that per¬ 
sons who violate passports shall be imprisoned, not exceed, 
ing three years* and fined at the discretion of the court. 
The like punishment is inflicted upon persons who infringe 
the law of nations, by offering violence to public ministers* 
by being concerned in prosecuting or arresting them. This 
is an offence highly injurious to the free and liberal inter¬ 
course between different governments* and may prove mis- 
chievous in its consequences to a nation* as it tends to pro¬ 
voke the sovereign whom the minister represents, and to 
bring upon the country the calamity of war. 


•on the high seas are punished by fine and imprisonment ? § 385. 
What crimes on land are punishable by death ? § 386. What are 
offences against the law of nations ? What is a. safe conduct ? How 
are ambassadors punished ? § 387. What is the penalty for violating 

passports, and offering violence to public ministers ? 



DEFENCE OF THE NATION* 


139 


CHAPTER XYI. 

Declaration of War—Marque and Reprisal — Captures — 
Army and Navy. 

§ 388. Congress shall have power, “ To declare war, 
“ grant letters of marque and reprisal, and make rules con- 
u cerning captures on land and water.”— Art. 1* sec. 8, 
cl. 11. 

§ 389. That self-preservation, or the right of self-defence, 
is the first law of nature, is a principle that has received the 
general assent of mankind. It is upon this principle that 
nations justify themselves in resisting the aggressions of 
other nations. Accordingly the power has been given to 
congress to declare war. A just defence, or making use of 
force against any power that attacks a nation or its privi¬ 
leges, is defensive war. To obtain justice by force, if it 
cannot be otherwise obtained, or to pursue our right by force 
of arms, is offensive war. 

§ 390. But there are cases which, by the law of nations, 
constitute justifiable causes of war, when neither good policy 
nor the honor of a nation requires such a measure. War is 
at all times productive of great evils; and both wisdom and 
humanity forbid a recourse to war to redress wrongs in or¬ 
dinary cases. The true honor and dignity of a nation are 
not most effectually sustained by a resort to arms upon every 
occasion of even real injury. 

§ 391. The power to declare war is, in some countries, 
exercised by the supreme ruler. But this is too vast a 
power to be safely intrusted to a single individual, who* from 
a mistaken sense of national honor, or from selfish motives, 
may expose the lives and liberties of a whole people. In 
the United States this power is committed to the represent¬ 
atives of those who have to bear the burthens of war. 

§ 392. The power of issuing letters of marque and re- 


§ 388, 389. On what principle is the war power founded ? What is 
offensive war ? § 390. Should war always be resorted to on occasions 

of injury? § 391. Why is the power to declare war given to con- 
gress ? § 392. What means marque and reprisal ? § 393, 394. What 



140 


GOVERNMENT OF THE UNITED STATES. 


prisal also is given to congress. Marque signifies passing 
the frontier; reprisal, the taking in return. Letters of 
marque and reprisal are a license given to the subjects of 
one nation who have been injured by those of another nation, 
to seize the bodies or goods of the citizens of such offending 
nation wheresoever they may be found, until satisfaction be 
made. This measure is sometimes taken to prevent the 
necessity of a resort to war to obtain satisfaction for in¬ 
juries ; but its natural tendency is to provoke open hostilities 
between nations, rather than to prevent them. Were each 
individual permitted to act as judge in his own case, in re¬ 
dressing his private wrongs, the dangers of war would be 
increased: the power, therefore, is properly vested in con¬ 
gress. 

§ 393. Connected with the power of declaring w r ar, is the 
power to make rules concerning captures . By the law of 
nations, no individual has any interest in a prize, whether 
made by a public or private armed vessel, but what he re¬ 
ceives under the grant of the government. The general 
practice is to distribute the proceeds of the captured prop¬ 
erty, when duly passed upon and condemned as a prize, 
among the captors as a reward for bravery and a stimulus 
to exertion. But the courts have no power of condemnation 
till the legislative will be expressly declared. 

§ 394. The district courts of the United States have cog¬ 
nizance of complaints in cases of capture made within the 
United States, or within a marine league of the coast or 
shore thereof. They have exclusive cognizance of all seiz¬ 
ures on land, and on waters other than those navigable by 
vessels of ten or more tons burthen, within their respective 
districts, or on the high seas. War gives a nation the right 
to take the persons, and confiscate the property of the ene¬ 
my, wheresoever they may be found. 

§ 395. Congress shall have power, “ To raise and support 
“ armies ; but no appropriation of money for that use shall 
“ be for a longer term than two years.”— Art. 1, sec. 8, 
cl. 12 . 

§ 396. The want of power in congress to raise troops 


are captures ? How is captured property disposed of ? § 395. How is 

the power of congress to support armies limited ? § 396. Why is the 



DEFENCE OF THE NATION. 


141 


was, as has been remarked, one of the principal defects of 
the confederation. Congress could declare war; but it had 
not the power to compel the states to comply with its requi¬ 
sitions for men and money to carry on the war. Hence the 
necessity of placing this power in the same hands. 

§ 397. It is the general policy of nations, in time of peace, 
to prepare for war. A constant preparation for defence is 
deemed the surest means of preventing the attacks of an 
enemy. One of the means provided for the national defence 
and safety, is a standing army. A standing army is a large 
number of armed soldiers, kept constantly in pay, and ready 
for action. Standing armies are by many regarded with 
jealousy, as being dangerous to liberty. But the distance 
of this country from the powerful nations of the world, ren¬ 
ders an extensive peace establishment unnecessary. The 
standing army of the United States consists of several (for¬ 
merly six) thousand men, distributed among the several forts 
and arsenals. 

§ 398. But the constitution has very prudently added a 
precaution against danger from standing armies. An army 
can be sustained only so long as money is appropriated for 
its support; and appropriations for this purpose can be 
made for the term of two years only; at the expiration of 
which, the people, through their representatives, may destroy 
the army, by withholding the means of its subsistence. 

§ 399. Congress shall have power, “ To maintain a navy.” 
— Art. 1, sec . 8, cl. 13. 

§ 400. A navy means the ships of war that belong to a 
nation. A navy is generally supposed to be a safer and 
more effective means of national defence. An efficient 
navy is the principal source of security against dangers 
from abroad. There could be no safety to the inhabitants on 
a maritime frontier without naval protection ; and a navy is 
especially necessary to protect our commerce and navigation. 

§ 401. Congress shall have power, “To make rules for 
“ the government and regulation of the land and naval 
“ forces.”— Art. 1, sec . 8, cl. 14. 


power given to congress ? § 397. What is a standing army ? § 398. 
How does the constitution guard against the danger of standing 
armies ? § 400. What is a navy ? What is its object ? § 403. For 



142 


GOVERNMENT OF THE UNITED STATES. 


§ 402. This power, being connected with or implied in 
the foregoing, is consequently exercised by congress. In 
pursuance of this power, and of the other powers of a simi¬ 
lar nature, the departments of war and the navy have been 
established by congress. 

§ 403. Congress shall have power, “ To provide for call- 
“ ing forth the militia to execute the laws of the union, sup- 
“ press insurrections, and repel invasions.”— Art. 1, sec . 8, 

cl. 15. 

§ 404. To keep up a standing army, distributed through¬ 
out the union in portions of sufficient strength to be ade¬ 
quate to these purposes, would be both unsafe and very ex¬ 
pensive. The provision made for these objects in this clause 
of the constitution, while it is safe and economical, is equally 
effective. In pursuance of this power, congress has by law 
authorized the president to call out the militia, whenever he 
shall judge it to be necessary, to repel invasions, or to sup¬ 
press insurrections, within the United States. This power 
is properly committed to the executive, as it is to be exer¬ 
cised upon sudden emergencies, and when the action of con¬ 
gress may not be had on the subject. 

§ 405. Congress shall have power, “ To provide for or- 
“ ganizing, arming, and disciplining the militia, and for gov- 
“ erning such part of them as may be employed in the ser- 
“ vice of the United States ; reserving to the states, respect- 
“ ively, the appointment of the officers, and the authority of 
“ training the militia according to the discipline prescribed 
“ by congress.”— Art. 1, sec. 8, cl. 16. 

§ 406. Uniformity in the organization, arming, and disci¬ 
pline of the militia, was deemed important; and this could 
be effected only by intrusting their regulation to congress. 
But to have placed the military force under the entire con¬ 
trol of the national officers, would have rendered the states 
dependent on the general government for their own defence. 

§ 407. The law prescribes the manner in which the mili¬ 
tia is to be organized, armed, disciplined, and governed ; and 


what purposes may the militia be called forth ? § 404. Why is this 
preferable to a standing army ? § 405. What power do congress and 

the states respectively exercise in organizing and disciplining the mi¬ 
litia ? § 406. Why is this power thus divided ? § 407. When is the 



LOCAL JURISDICTION. 


143 


it provides for drafting, detaching, and calling forth the quotas, 
or shares to be furnished by the respective states, when re¬ 
quired by the president. The militia, when called out, are 
subject to the rules of war ; and the law imposes a fine upon 
every delinquent, to be adjudged by a court martial compos- 
ed'of militia officers only, and heid in the manner prescribed 
by the articles of war. The militia are not considered to be 
in the service of the United States until they are mustered 
at the place of rendezvous ; after which the state govern¬ 
ment has no authority over them. 

§ 408. Every free, able-bodied white male citizen, of the 
age of eighteen, and under forty-five years, is liable to do 
military duty, except such as are by law exempted from the 
same. Persons exempted by the law of the United States, 
are, the vice president and all executive and judicial officers 
of the government of the United States ; members and offi¬ 
cers of both houses of congress ; all custom house officers 
with their clerks ; all post officers and drivers of mail stages; 
ferrymen employed at ferries on post roads; all pilots and 
mariners; together with all persons exempted by the laws 
of the respective states. 


CHAPTER XVII. 

Local Jurisdiction—District of Columbia , and other National 
Property. 

§ 409. Congress shall have power, “ To exercise exclu- 
“ sive legislation, in all cases whatsoever, over such district 
“ (not exceeding ten miles square) as may, by cession of 
“ particular states, and the acceptance of congress, become 
“ the seat of the government of the United States ; and to 
“ exercise like authority over all places purchased by the 


militia considered in the service of the United States ? § 408. What 
persons are subject to military duty ? Who are exempt ? 

§ 409. Where has congress exclusive legislation ? § 410. Why is 





144 GOVERNMENT OF THE UNITED STATES. 

“ consent of the legislature of the state in which the same 
“ shall be, for the erection of forts, magazines, arsenals, 
“ dock-yards, and other needful buildings.”— Art, 1, sec. 8, 
cl, 17. 

§ 410. Complete and exclusive power at the seat of gov* 
ernment, is necessary to protect the public authority from 
insult, and to prevent interruptions to its proceedings. The 
members of the general government ought not to be depend, 
ent on a state for protection in the discharge of their duties. 
Congress had, on one occasion, been treated with indignity 
and abuse; and the executive authority of the state in which 
that body was sitting having failed to afford protection, con¬ 
gress removed to another state. This occurrence may have 
suggested the incorporation of this provision into the consti¬ 
tution. 

§ 411. The establishment of a permanent seat of govern¬ 
ment for the United States, after the treaty of peace with 
Great Britain, received the early attention of congress. In 
October, 1783, it was resolved, that buildings for the use of 
congress should be erected on the banks of the Delaware. 
A few days later it was resolved, that buildings for a simi¬ 
lar purpose should likewise be erected on the Potomac, with 
the view of reconciling the conflicting wishes of the northern 
and southern states, by establishing two seats of government. 
In December, 1784, it was farther resolved, that a district 
should be purchased on the banks of the Delaware for a 
federal town; and that contracts should be made for erect¬ 
ing a house for the use of congress and the executive officers, 
and suitable buildings for the residence of the president and 
the secretaries of the several departments. 

§ 412. But the appropriation of the necessary fund for 
these purposes, requiring the assent of nine states, was pre- 
vented by the southern interest. In 1790, a compromise 
was made, by which the friends of Philadelphia, in consider¬ 
ation of having the seat of government at that city during 
ten years, the time estimated to be necessary to erect the 
public buildings, agreed that the seat of government should 
be permanently fixed on the Potomac. 


exclusive power necessary at the seat of government ? § 411, 412' 

State the circumstances attending the establishment of the present seat 




LOCAL JURISDICTION. 


145 


§ 413. The territory in which the seat of goverment is 
located, is ten miles square. It was ceded to the general 
government by the states of Maryland and Virginia, and 
erected into a district, under the exclusive jurisdiction of 
congress, by the name of the District of Columbia . In the 
city of Washington, which is built near the centre of the dis¬ 
trict, the necessary buildings are erected for the accommo¬ 
dation of the general government, where its seat was estab¬ 
lished at the commencement of the present century. It was 
m view of the acquisition of this territory, that provision was 
made by the constitution for its government. 

§ 414. As the inhabitants of this district have placed them¬ 
selves under the government of congress, they have no voice 
in the election of representatives, nor of electors of president 
and vice president. Although laws are from time to time 
passed by congress for the government of this district, these 
acts principally adopt the laws of Maryland and Virginia as 
the law of the several portions of the district ceded by those 
states respectively. 

§ 415. It is equally necessary that congress should exer¬ 
cise like authority over the forts, arsenals, dock-yards, and 
other property of the United States. These depositories of 
the national armor should be exempt from the authority of 
the state in which they are situate. It is properly provided, 
that no state may be divested of any portion of its territory, 
without the consent of its legislature. 

§ 416. The power of congress to legislate exclusively 
within any place ceded by a state, carries with it the right 
to make that power effectual. Congress may provide by 
law for the apprehension of a person who escapes from such 
place, after committing a felony, or for conveying him to or 
from any other place for trial or execution. Congress may 
punish those for misprision of felony, who, out of a fort, con¬ 
ceal a felony committed within it. 

§ 417. To give the United States exclusive legislation and 
jurisdiction over any place in a particular state, it must be 


of government. § 413. Describe its location, name, &c. § 414. How 
is the district governed ? § 415. Can the general government acquire 

territory from a state without the state’s consent ? § 417. How is it 

obtained ? 

13 


10 



146 GOVERNMENT OF THE UNITED STATES* 

freely ceded for one of the purposes specified in the forego¬ 
ing clause of the constitution. When a place has been pur¬ 
chased by the United States for the erection of a fort, with 
the consent of a state, the jurisdiction of the state ceases 
therein, and the inhabitants of such place cannot exercise 
within it any civil or political privileges under the laws of 
the state, as they are not subject to such laws, nor bound to 
pay taxes imposed by their authority. 


CHAPTER XVIII. 

General Power to make all Necessary Laws , 

§ 418. Congress shall have power, 44 To make all law» 
64 which shall be necessary and proper for carrying into exe- 
44 cution the foregoing powers, and all other powers vested 
44 by this constitution in the government of the United States, 
44 or in any department or officer thereof.”— Art. 1, sec. 8 r 
cl. 18. 

§ 419. Without such a power, many of the powers ex¬ 
pressly delegated could never be carried into effect. It is 
impossible, in an instrument of this kind, to descend to all 
the minute details of legislation. As it could not be fore¬ 
seen what subjects would require the action of congress in 
all future time, an express enumeration of all necessary 
powers would have been attempted in vain. Under the con¬ 
federation, congress could exercise no powers but such as 
w r ere 44 expressly delegated.” This was one of the princi¬ 
pal defects of that instrument, which led to its abolition. It 
was deemed expedient, therefore, to adopt a clause which 
would furnish a rule of interpreting the constitution in such 
manner as to avoid the embarrassments which congress had 
experienced. 


§ 418. What general power of making laws is granted to congress T 
§ 419. Why is such a power necessary ? Did it exist under the con¬ 
federation ? § 420. Was an express grant necessary to authorize the 




GENERAL POWER. 


147 


§ 420. Although this explicit declaration was needful in 
order to remove the scruples of those who might think the 
powers of the national government extended only to those 
which were expressly granted, it is alleged that “ the power 
to make all necessary and proper laws” to carry the general 
powers into effect, might be constitutionally exercised with- 
out an express declaration of this power. Before the con¬ 
stitution was adopted by the states, this clause was vehe¬ 
mently declaimed against, as granting powers almost un¬ 
limited. In vindicating this clause it was maintained, that 
the declaration of this power was not necessary to its 
creation, for its existence was implied. Said Mr. Madison 
on this point, “No axiom is more clearly established in law 
or in reason, than that wherever the end is required, the 
means are authorized ; wherever a general power to do a 
thing is given, every particular power necessary for doing 
it is included.” 

§ 421. In_ pursuance of this general power to make all 
necessary laws, congress has exercised the power to inflict 
punishment in cases not specified in the constitution; to 
exact an oath of office, in addition to the oath of fidelity to the 
constitution; to punish larceny of letters from the post 
office, or the robbery of the mail; to construct break-waters 
and light-houses, and remove obstructions in navigable rivers, 
under the power “ to regulate commerce :” Also to secure 
to the United States priority of payment from the effects 
of insolvent debtors. Congress has enacted, that in all cases 
in which the estate of any deceased debtor shall not be suf¬ 
ficient to pay all his debts, or in which any revenue officer 
or other person, becoming indebted by bond or otherwise, 
shall become insolvent, the debt due to the United States 
shall be first satisfied. The powers exercised in the cases 
above enumerated, and in innumerable others, are implied 
in the powers expressly granted; and they might have 
been exercised without the general grant to pass all ne¬ 
cessary and proper laws to carry the expressed powers into 
effect. 

§ 422. Under the power to make all laws necessary to 
carry into execution the powers of the government, con- 


exercise of this power ? § 421, 422. What laws have been enacted 



148 GOVERNMENT OF THE UNITED STATES. 

gress has exercised the power to create corporations. This 
power was exerised by the first congress under the constitu¬ 
tion, by the passing of the act incorporating a national 
bank, in 1791 ; and subsequently, in 1816, by the incorpo¬ 
ration of a new bank, after the charter of the first' was 
expired. 

§ 423. The constitutionality of this power has, however, 
been questioned ; and its exercise in this instance has met 
with much opposition in congress. Although the opinion 
of the supreme court has been repeatedly expressed in ac¬ 
cordance to that of a majority of congress, the question is 
not settled. It has undergone much discussion and investi¬ 
gation, both in congress and among the people at large ; 
but a wide difference of opinion on the subject still prevails. 
Bills for renewal and incorporation have received the exec¬ 
utive veto under different administrations. And the advo¬ 
cates of this power admit, that, in order to justify its exer¬ 
cise in the creation of a bank, such a corporation must be 
deemed essential in carrying into effect some power vested 
in the general government. 

§ 424. Under the power to establish post offices and post 
roads, and the power to raise money for providing for the 
general welfare, together with the power to pass all laws 
necessary and proper for carrying into execution the powers 
of government expressly authorized, congress has, at dif¬ 
ferent times, appropriated funds for internal improvements, 
by means of roads and canals. But this power also has 
been disputed; and several presidents have denied the 
power of congress to pass bills for objects of this kind, and 
have withheld their sanction from such bills. 

§ 425. But the power to lay out, construct, and improve 
military and post roads, and to cut canals through the states, 
with their consent, for promoting internal commerce, and 
for the more safe and economical transportation of troops 
and military stores in time of war, is pretty generally con¬ 
ceded to congress. And the right to appropriate money for 


in pursuance of implied powers ? 423. Was the constitutionality of 
the bank universally admitted ? § 424, 425. Under what powers 
have internal improvements been made ? When is the making of 
them constitutional ? 



RESTRICTION OF POWERS. 


149 


improvements which are not of a local or state character, 
but are of such general importance as to give them a na¬ 
tional character, is admitted by those even who profess to 
be in favor of a strict construction of the constitution. 

§ 426. There are several other powers granted to con- 
gress in other sections of the constitution, which might re¬ 
quire examination here ; but to preserve the regular con¬ 
nexion of its several provisions, the clauses conferring these 
powers will be considered in the order in which they sev- 
erally occur. 


CHAPTER XIX. 

Restrictions on the Powers of Congress. 

§ 427. “ The migration or importation of such persons 
“ as any of the states now existing shall think proper to 
“ admit, shall not be prohibited by the congress, prior to the 
“ year one thousand eight hundred and eight; but a tax or 
“ duty may be imposed on such importation, not exceeding 
* ten dollars for each person.”— Art. 1, sec. 9, cl. 1. 

§ 428. This clause has reference to the slave trade, which 
was carried on extensively by citizens of the United States 
when the constitution was framed. The southern states 
were in favor of a clause allowing to each state the right 
to continue the importation of slaves during its pleasure. 
It would probably have been impossible to procure the rati¬ 
fication of the constitution by the number of states required 
for its establishment, without conceding to the states the 
right of continuing the traffic in slaves for a period of time. 
In allowing the traffic, however, for a specified period, its 
abolition at the expiration of that period seems to have been 
contemplated. Laws have accordingly been passed, from 
time to time, for the suppression of the foreign slave trade. 
(§ 382, 383.) 


§ 427. What is provided concerning the importation of certain 
persons ? § 428. What was the object of this clause ? § 430. When 
13* 




150 


GOVERNMENT OF THE UNITED STATES. 


§ 429. It is indeed to be regretted, that the great charter 
of American liberty has ever sanctioned this traffic in 
human beings ; and it is remarkable that a provision of this 
character should have been adopted by those who had de¬ 
clared it to be a self-evident truth, “ that all men are created 
free and equal , and endowed by their Creator with the 
unalienable rights of life, liberty, and the pursuit of hap¬ 
piness.” But it affords cause for gratulation, that measures 
were so promptly taken to abolish the foreign slave trade at 
the earliest period permitted by the constitution. 

§ 430. “ The privilege of the writ of habeas corpus shall 
“ not be suspended, unless when, in cases of rebellion or 
“ invasion, the public safety mav require it.”— Art . 1, sec. 
9, cl* 2. 

§ 431. Habeas corpus , (Latin,) signifies have the body. 
If a person has been illegally deprived of his liberty, he 
may petition a court or judge, who issues a writ, command¬ 
ing the party imprisoning or detaining him, to produce his 
body and the cause of his detention, before the judge or 
court. If, upon inquiry, the imprisonment shall be found 
to have been illegal, relief is granted. The privilege of this 
writ was deemed too important not to be secured by the 
constitution of a free people. 

§ 432. “ No bill of attainder or ex post facto law shall be 
* passed.”— Art. 1, sec. 9, cl. 3. 

§ 433. Bills of attainder are acts of a legislature, by 
which capital punishments are inflicted upon persons pro¬ 
nounced guilty, without trial or conviction in the ordinary 
course of judicial proceedings. An ex post facto law is a 
law that declares an act to be criminal which was not so 
before the act was passed ; or that renders an act punish¬ 
able in a more severe manner than when it was committed. 
In a more comprehensive sense, all laws having effect upon 
past transactions, are ex post facto laws. 

§ 434. “ No capitation, or other direct tax shall be laid, 
“ unless in proportion to the census or enumeration herein 
“ before directed to be taken.”— Art. 1, sec. 9, cl. 4. 


only may the privilege of the writ of habeas corpus be suspended ? 
$ 431. What is habeas corpus ? What is the effect of this writ ? 
$ 433. What is a bill of attainder ? An ex post facto law ? § 434. 



RESTRICTION OF POWERS. 


151 


§ 435. This clause was intended to prevent the laying of 
taxes otherwise than according to the rule prescribed in the 
third clause of the second section of the first article of the 
constitution, and may be considered merely a repetition of 
that part of the said clause, which makes three fifths only 
of the slave population subject to direct taxation. Congress 
apportions taxes among the states in proportion to the num¬ 
ber of their representative population ; but states apportion 
them among their citizens according to their property. The 
definition of capitation or poll tax has been given. (§ 131.) 

§ 436. “No tax or duty shall be laid on articles exported 
“ from any state. No preference shall be given, by any 
“ regulation of commerce or revenue, to the ports of one 
“ state over those of another; nor shall vessels bound to or 
“ from one state, be obliged to enter, clear, or pay duties in 
another.”— Art. 1, sec. 9, cl. 5. 

§ 437. This clause was necessary to ensure a uniform 
rate of duties or taxes throughout the states, and to secure 
freedom and equality in trade. To levy higher duties in 
the ports of one state than in those of another, would be 
unjust, and cause dissatisfaction among the members of the 
union. 

§ 438. “ No money shall be drawn from the treasury, but 
“ in consequence of appropriations made by law; and a 
“ regular statement and account of the receipts and expendi- 
“ tures of all public money, shall be published from time to 
“ time.”— Art. 1, sec. 9, cl. 6. 

§ 439. This clause places the public money beyond the 
reach or control of the executive, or any other officer, and 
secures it in the hands of the representatives of the people. 
And as a law is necessary to its being drawn from the trea¬ 
sury, it can seldom be appropriated to unworthy objects. 
The law requires the secretary of the treasury to make 
annually a general statement of the receipts and expendi¬ 
tures of the public money. This account is published by 


How must all direct taxes be laid ? § 435. What census or enumera¬ 
tion is here meant ? § 436. What restrictions exist upon the power 

over the trade of the states ? § 437. What is the object of this restric¬ 
tion ? § 438. Under what regulation is money drawn from the 

treasury ? § 439. What is the intention of this clause ? § 441. What 

is the object of the restriction relating to titles, offices, &c. 



152 GOVERNMENT OF THE UNITED STATES. 

order of congress; and thus the people are informed in 
what manner, and for what purposes, their money is ex¬ 
pended ; and a due responsibility is ensured on the part of 
their agents. 

§ 440. “ No title of nobility shall be granted by the United 
“ States ; and no person holding any office of profit or trust 
“ under them, shall, without the consent of the congress, 
M accept of any present, emolument, office, or title of any 
“ kind whatever, from any king, prince, or foreign state.”— 
Art. 1, sec. 9, cl. 7. 

§ 441. This clause was evidently intended to prevent the 
introduction of customs that might in time diminish that re¬ 
spect for republican simplicity which ought to distinguish 
American citizens, and to guard against the corruption of 
the officers of the national government by foreign influence 


CHAPTER XX. 

Restrictions on the Powers of the States . 

§ 442. “ No state shall enter into any treaty, alliance, or 
** confederation ; grant letters of marque and reprisal; coin 
**■ money; emit bills of credit; make any thing but gold and 
“ silver coin a tender in payment of debts ; pass any bill of 
u attainder, ex post facto law, or law impairing the obliga- 
“ tion of contracts ; or grant any title of nobility.”— Art. 1, 
sec. 10, cl. 1. 

§ 443. The prohibition on the states against treaties, al¬ 
liances, and confederations is the same as that which existed 
in the confederation; and the . propriety of transferring it to 
the new constitution is apparent. 

§ 444. The reasons why the power to grant letters of 
marque and reprisal is given exclusively to congress, are 
sufficient to show the impropriety and danger of intrusting 
it to the states. (§ 392.) 


4 442. What is prohibited to the states in the first clause ? 




RESTRICTIONS ON THE STATES. 


153 


§ 445. The necessity of giving to congress the power to 
coin money has been shown. (§ 336.) To prevent the in¬ 
conveniences and embarrassments in trade which would be 
produced by a currency so variable as might be expected if 
each state were permitted to coin money and regulate its 
value, this power was prohibited to the states. 

§ 446. Bills of credit are declared to mean promissory 
notes, or bills issued exclusively on the credit of the state, 
intended to circulate as money, and which the faith of the 
state only is pledged to pay. The effects of this kind of 
paper money on the public prosperity, by destroying the 
necessary confidence between man and man, as well as. 
confidence in the public faith, were disastrous. These bills 
of credit, having no funds set apart to redeem them, were 
seldom paid, except at a. ruinous discount. The losses sus¬ 
tained by the community from this species of money, prior 
to the adoption of the constitution, induced this restriction 
upon the powers of the states. This prohibition does not 
apply to the notes of a state bank, drawn on the credit of a 
particular fund appropriated for that purpose. 

§ 447. The power to make any thing but gold and silver 
a tender in payment of debts, is taken from the states on 
the same principle as the power of issuing bills of credit. 
Paper money, as well as all kinds of property, is continually 
liable to fluctuation in value, and might subject those who 
should be compelled to receive it, to great inconvenience 
and loss. 

§ 448. Bills of attainder, and ex post facto laws, have 
already been defined. (§ 433.) Being unjust in principle, 
and rendering both life and property insecure, the power to 
pass them is with the same degree of propriety prohibited 
to the states as to congress. 

§ 449. Laws impairing the obligation of contracts are 
contrary to the first principles of civil society. The private 
rights of every member of the community could not be se- 


§ 446. What are bills of credit ? Why was their emission by the states 
prohibited ? § 447. Why are gold and silver only made a legal tender ? 
4 448. Why may not states pass bills of attainder and ex post facto 
laws ? § 449. What is the nature of a law impairing the obligation 
of contracts ? What is the power of a state in relation to corporations ? 



154 GOVERNMENT OF THE UNITED STATES. 

cure under any government possessing this power. A state 
legislature may alter or modify public corporations, such as 
counties, towns, and cities, provided the property therein be 
secured to its original owners; but such legislature cannot 
repeal statutes creating private corporations, or dispose of 
the property of the corporators. A charter from the British 
crown to the trustees of Dartmouth college before the revo¬ 
lution, has been declared to be a contract within the meaning 
of the constitution. The supreme court held that the college 
was a private corporation; and that the act of the legislature 
of New Hampshire, materially altering the charter without 
the consent of the corporation, was a law impairing the 
obligation of a contract, and therefore unconstitutional and 
void. 

§ 450. “ No state shall, without the consent of the con- 
“ gress, lay any imposts or duties on imports or exports, 
“ except what may be absolutely necessary for executing its 
“ inspection laws; and the nett produce of all duties and 
“ imposts laid by any state on imports or exports, shall be 
44 for the use of the treasury of the United States; and all 
“ such laws shall be subject to the revision and control of 
“ the congress. No state shall, without the consent of con- 
“ gress, lay any duty of tonnage ; keep troops or ships of 
“ war in time of peace ; enter into any agreement or com- 
44 pact with another state, or with a foreign power; or en- 
44 gage in war, unless actually invaded, or in such imminent 
“ danger as will not admit of delay.” — Art. 1 , sec . 10 , cl. 2. 

§ 451. The reasons for restraining the power of the states 
over imports and exports, have been considered. (§ 291.) 
Inspection laws are enacted by the states ; and are intended 
to improve the quality of the products of a country. In¬ 
spectors place upon the articles inspected a mark or stamp, 
indicating their quantity or measure, and their quality. This 
serves also to protect purchasers against loss. A small tax 
is laid upon the goods thus inspected, to pay for their inspec¬ 
tion. The objects of the remaining provisions of this clause 
are so apparent as not to require particular notice. 


$ 450. How far only may states lay imposts and duties ? When en¬ 
gage in war ? § 451. Why ought not the states to lay duties ? 



ELECTION OF PRESIDENT. 


155 


CHAPTER XXI. 

Executive Department.—Term of Office and Election of 
President and Vice President. 

§ 452. “ The executive power shall be vested in a prcsi- 
“ dent of the United States of America. He shall hold his 
“ office during the term of four years, and, together with 
“ the vice president, chosen for the same time, be elected 
“ as follows— Art. 2, sec. 1 , cl. 1 . 

§ 453. The necessity of an executive department, the 
general principles on which it is established, and the nature 
and duties of the executive office, have been considered. It 
has also been stated, that this department did not exist under 
the confederation. (§ 83, 84, 179.) Experience had con¬ 
vinced the framers of the constitution, not only that an ex¬ 
ecutive power was necessary, but that, to secure an ener¬ 
getic and prompt execution of the laws, this power ought to 
be vested in a single person. All laws duly made must be 
carried into effect. Whether they be deemed by an ex¬ 
ecutive to be inexpedient or otherwise, it is his duty to see 
them faithfully administered, until repealed by the legislature, 
or pronounced unconstitutional by the judiciary. 

§ 454. Respecting the proper duration of the executive 
office, a diversity of opinion prevailed in the convention. 
Some proposed a short term, in order to make a president 
feel his responsibility to the people. Others deemed a long 
term necessary to a firm and independent exercise of his 
constitutional powers, and a steady, unchanging system 
of administration. If elected for a short term, he might 
act with a view to popularity and a re-election, rather than 
the general good. If elected for a very long period, or 
during good behavior, as some proposed, the measures of 
his administration, though ever so unwise or pernicious, 
could not be effectually arrested, till they had worked great 
injury. The medium of four years was adopted, as being 


§ 452. In what officer is the executive power vested ? § 453. Why 

is this power vested in a single person ? § 454. What different opin¬ 

ions prevailed in the convention respecting the duration of the office ? 



, 150 GOVERNMENT OF THE UNITED STATES. 

calculated to prevent the evils and secure the benefits, as far 
as possible, of both a short and a long term. 

§ 455. The presidential term of office commences on the 
fourth day of March next after the election. It was on this 
day of the year 1789, that the government under the con¬ 
stitution went into effect; and it is, consequently, the day on 
which every new house of representatives and one third of 
the senate commence their official term. 

§ 456. “ Each state shall appoint, in such manner as the 
u legislature thereof may direct, a number of electors, equal 
“ to the whole number of senators and representatives to 
“ which the state may be entitled in the congress ; but no 
M senator or representative, or person holding an office of 
“ trust or profit under the United States, shall be appointed 
“ an elector.”— Art. 2, sec. 1, cl. 2. 

§ 457. The objects to be secured by the election of a presi¬ 
dent by a small number of electors, were various. It was 
thought that a small number of men, selected by their fellow- 
citizens, would be more competent to make a choice of a 
person possessing the necessary qualifications for so impor¬ 
tant an office. It was supposed also that less tumult and 
disorder would attend the election of chief magistrate in the 
manner provided, than by an election by the people at large. 
Though the mode of choosing the president through an in¬ 
termediate body of electors may be liable to as few objec¬ 
tions as any other mode, yet it is at least questionable wheth¬ 
er either of the above mentioned advantages have, in prac¬ 
tice, been realized. The candidates for presidential elec¬ 
tors being selected for their known preference of the very 
individual for whom the people themselves would vote if the 
election were made by them immediately, it is probable that 
the election of electors is attended with as much heat and 
tumult, as the election of the president by the direct vote of 
the people would be. 

§ 458. The manner of appointing electors in the different 
states is not uniform. In some of the states, the electors are 
appointed by the legislature. In others, they are chosen by 


§ 455. When does the term commence ? § 456. How are electors of 
president chosen ? § 457. For what reasons was the mode of election 

by a small number of electors adopted ? § 458. How are electors ap 



ELECTION OF PRESIDENT. 


157 


the people in districts. By this mode, a number of electors, 
equal to the number of members of the house of representa¬ 
tives to which a state is entitled in congress, are chosen by 
the people in the several congressional districts, as their rep¬ 
resentatives are elected. These electors, so chosen, then 
meet and appoint the two remaining electors, corresponding 
to the two senators to which the state is entitled in congress. 
Another, and the most common mode, is by general ticket. 
The names of all the electors to be chosen, are placed on a 
single ballot; and all the electors are voted for throughout 
the state. 

§ 459. “ The electors shall meet in their respective states, 
“ and vote by ballot for two persons, of whom one at least 
“ shall not be an inhabitant of the same state with them- 
“ selves. And they shall make a list of all the persons voted 
“ for, and of the number of votes for each ; which list they 
“ shall sign and certify, and transmit sealed to the seat of 
“ the government of the United States, directed to the presi- 
“ dent of the senate. The president of the senate shall, in 
“ the presence of the senate and house of representatives, 
“ open all the certificates, and the votes shall then be count- 
“ ed. The person having the greatest number of votes shall 
“ be the president, if such number be a majority of the whole 
“ number of electors appointed; and if there be more than 
“ one who have such majority, and have an equal number of 
“ votes, then the house of representatives shall immediately 
“ choose by ballot one of them for president; and if no per 
* son have a majority, then from the five highest on the list 
“ the said house shall in like manner choose the president. 
“ But in choosing the president, the votes shall be taken by 
“ states, the representation from each state having one vote: 
“ a quorum for this purpose shall consist of a member or 
“ members from two thirds of the states, and a majority of 
“ all the states shall be necessary to a choice. In every 
“ case, after the choice of the president, the person having 
“ the greatest number of votes of the electors, shall be the 
“ vice president. But if there should remain two or more 
“ who have equal votes, the senate shall choose from them, 
u by ballot, the vice president.”— Art. 2, sec. 1, cl. 3. 


pointed in the several states ? § 459. Describe the manner in which 
14 



153 GOVERNMENT OF THE UNITED STATES. 

§ 460. The mode of election prescribed by the above 
clause, being deemed objectionable, an amendment to it was 
proposed at the first session of the eighth congress and sub¬ 
sequently adopted and ratified by the states. The amend¬ 
ment is as follows : 

§ 461. “ The electors shall meet in their respective states, 
“ and vote by ballot for president and vice president, one of 
“ whom, at least, shall not be an inhabitant of the same state 
“ with themselves; they shall name in their ballots the per- 
“ son voted for as president, and in distinct ballots the per- 
“ son voted for as vice president: and they shall make dis- 
“ tinct lists of all persons voted for as president, and of all 
“ persons voted for as vice president, and of the number of 
“ votes for each, which lists they shall sign and certify, and 
“ transmit sealed to the seat of the government of the United 
“ States, directed to the president of the senate. The presi- 
“ dent of the senate shall, in the presence of the senate and 
“ house of representatives, open all the certificates, and the 
“ votes shall then be counted : the person having the great- 
“ est number of votes for president, shall be the president, 
“ if such number be a majority of the whole number of elec- 
“ tors appointed; and if no person have such majority, then 
“ from the persons having the highest numbers, not exceed- 
“ ing three, on the list of those voted for as president, the 
“ house of representatives shall choose immediately, by bal- 
“ lot, the president. But in choosing the president, the votes 
“ shall be taken by states, the representation from each state 
“ having one vote ; a quorum for this purpose shall consist 
“ of a member or members from two thirds of the states, and 
“ a majority of all the states shall be necessary to a choice. 
“ And if the house of representatives shall not choose a presi- 
“ dent whenever the right of choice shall devolve upon 
“ them, before the fourth day of March next following, then 
“ the vice president shall act as president, as in the case of 
“ the death or other constitutional disability of the president. 

“ The person having the greatest number of votes as vice 
“ president, shall be the vice president, if such number be a 
“ majority of the whole number of electors appointed; and 


the president and vice president were at first elected ? § 460. When 

was a new mode of election proposed and adopted ? § 461. Describe 



ELECTION OF PRESIDENT. 


159 


“ if no person have a majority, then from the two highest num- 
“ bers on the list, the senate shall choose the vice president: 
“ a quorum for the purpose shall consist of two thirds of the 
“ whole number of senators, and a majority of the whole 

number shall be necessary to a choice. 

“ But no person constitutionally ineligible to the office of 
“ president, shall be eligible to that of vice president of the 
“ United States.”—12 th Amendment of the Constitution. 

§ 462. “ The congress may determine the time of choos- 
“ ing the electors, and the day on which .they shall give their 
“ votes ; which day shall be the same throughout the United 
“ States.”— Art. 2, sec. 1, cl. 4. 

§ 463. Every necessary precaution appears to have been 
used by the framers of the constitution against fraud and cor¬ 
ruption in the election of president, and to secure a free and 
unbiased vote of the electors. An important provision is 
that which requires a majority of all the electoral votes to 
effect a choice. If the election were by plurality, the most 
obnoxious candidate might be elected. And to secure his 
election, there would be a strong temptation to effect, by 
sinister influence, a division of the opposition among a multi¬ 
plicity of candidates. 

§ 464. The provision requiring the electoral votes to be 
given on the same day in all the states, was intended to pre¬ 
vent the opportunity for bargain and intrigue between the 
electoral colleges of the different states. All being required 
to cast their votes on the same day, and before any one of 
them can learn the result of the vote in other states, secures 
an unbiased choice on the part of all. Congress has en¬ 
acted, that the electors shall be chosen within thirty-four 
days preceding the day on which they shall give their votes; 
and that the day on which their votes shall be given, shall be 
the first Wednesday in December in every fourth year after 
the last election. The place of meeting is usually at the 
seat of the government of each state. 

§ 465. By an act of congress, the electors in each state 

the present mode of election. § 463. Why is a majority of the votes 
of electors necessary to a choice ? § 464. Why are votes required to 
be cast on the same day in all the states ? When are electors to be 
ehosen ? and when do they vote for president ? § 465. What regula¬ 
tions have been adopted for preserving and counting the votes ? 



160 GOVERNMENT OF THE UNITED STATES. 

are required to make and sign three certificates of all the 
votes given by them, and to seal up the same. One of these 
certificates is to be sent by a person duly appointed by them 
for that purpose, to the president of the senate, at the seat 
of government, before the first day of January next ensuing. 
Another of these certificates is to be forwarded, by the post 
office, also directed to the president of the senate ; and the 
third is to be delivered to the judge of the district in which 
the electors shall be assembled. The day appointed for 
opening the certificates and counting the votes, is the second 
Wednesday in February succeeding the election. 


CHAPTER XXII. 

Qualifications and Compensation of President and Vice 
President. 

§ 466. “ No person except a natural born citizen, or a citi- 
“ zen of the United States at the time of the adoption of this 
** constitution, shall be eligible to the office of president; 

neither shall any person be eligible to that office, who shall 
“ not have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States.”— Art. 
*2, sec. 1, cl. 5. 

§ 467. The same reasons which have been given for the 
qualifications of other officers of the government, apply with 
greater force in the case of the election of a chief magistrate. 
To exclude foreign influence from the government, and to 
secure the election of men to this high and responsible office 
whose age and experience have given them abundant oppor¬ 
tunity of acquiring a thorough knowledge of public affairs, 
are the objects of this clause. 

§ 468. “ In case of the removal of the president from 
“ office, or of his death, resignation, or inability to discharge 


$ 466. What qualifications are required for the office of president ? 
§ 467. What are the objects of these provisions ? § 468, 469, 470. What 




QUALIFICATIONS, ETC., OF PRESIDENT. 16S. 

M the powers and duties of the said office, the same shall 
u devolve on the vice president; and the congress may by 
u law provide for the case of removal, death, resignation, or 
** inability, both of the president and vice president, declar- 
u ing what officer shall then act as president; and such 
* officer shall act accordingly, until the disability be remov- 
u ed, or a president shall be elected.”— Art. 2, sec. 1, cl. 6. 

§ 469. Congress has, in pursuance of the power here 
given, provided by law, that in case these supposed vacan¬ 
cies shall happen, the president of the senate pro tempore 
shall act as president; and in case there shall be no such 
president pro tempore, the speaker of the house shall so act, 
until the vacancy shall be supplied. And as it may become 
a question on whom the office would devolve after the expi¬ 
ration of the congress for which the speaker was chosen, it 
is customary for the vice president to withdraw from the 
senate previously to the adjournment of the session, to afford 
an opportunity to the senate to choose a president pro tem¬ 
pore, who would, in that case, act as president. 

§ 470. If the vice president succeeds to the office of presi¬ 
dent, he continues in it till the expiration of the term for 
which the president was elected, unless the temporary dis¬ 
ability of the president be sooner removed. If both offices 
should be vacant, the law makes it the duty of the secretary 
of state to cause notice to be given to the executive of every 
state, and published, ordering an election for the appoint¬ 
ment of presidential electors, to elect a president. 

§ 471. “The president shall, at stated times, receive for 
“ his services, a compensation which shall neither be in- 
44 creased nor diminished during the period for which he 
u shall have been elected ; and he shall not receive within 
“ that period any other emolument from the United States, 
“ or any of them.”— Art. 2, sec. 1, cl. 7. 

§ 472. The object of this clause is to secure the indepen¬ 
dence of the executive. The separation of the different pow¬ 
ers of the government would exist merely in name, if the 
compensation of the executive and judicial officers could be 
increased or diminished at the pleasure of the legislature. 


revisions have been made for filling vacancies in the office ? § 471. 

[ow does the constitution provide for compensation ? § 472. What is 

14* 


11 



162 


GOVERNMENT OF THE UNITED STATES. 


With this power of operating upon the necessities, or of 
tempting the avarice of an executive, he might be induced to 
give up his own judgment to the will of those who have the 
control of his purse. He ought therefore to be independent 
for support on the legislative department; and being assured 
of an adequate and permanent salary, he is very properly 
prohibited from receiving any other emolument, which might 
influence him to swerve from an upright and impartial dis¬ 
charge of his official duties. The salary of the president, 
as fixed by law, is 825,000 a year, with the use of buildings, 
furniture, &c. ; and that of the vice president is 85,000. 

§ 473. 44 Before he enters on the execution of his office, 
44 he shall take the following oath or affirmation : 

44 I do solemnly swear (or affirm) that I will faithfully exe- 
44 cute the office of president of the United States, and will, 
44 to the best of my ability, preserve, protect, and defend the 
44 constitution of the United States.”— Art . 2, sec. 1, cl. 8. 

§ 474. It is the practice, under all the constitutions, both 
of the United States, and of all the states, for legislators, 
judges, jurors, and other civil as well as military officers, to 
bind themselves under the solemnity of an oath, to discharge 
their trusts and duties faithfully. This oath implies a belief 
in the existence of a Supreme Being, who will reward the 
good and punish the guilty, and is an appeal to him to bear 
witness to the rectitude of the intentions with which such 
oath is made. Notwithstanding this precaution to ensure 
fidelity on the part of public officers, it is to be feared that 
in many instances a sense of the obligation imposed by an 
oath of office, is made to yield to the obligations and pledges 
of public men to support the interests of party. 


the object of this provision ? § 473. What oath or affirmation does he 
make ? § 474. What does this oath imply ? 



POWERS AND DUTIES OF PRESIDENT. 103 

CHAPTER XXIII. 

Powers and Duties of the President. 

§ 475. “ The president shall be Commander-in-chief of 
“ the army and navy of the United States, and of the militia 
a of the several states, when called into the active service 
** of the United States; he may require the opinion, in 
* writing, of the principal officer in each of the executive 
“ departments, upon any subject relating to the duties of 
“ their respective offices; and he shall have power to grant 

reprieves and pardons for offences against the United 
** States, except in cases of impeachment.”— Art. 2, sec. 2, 
cl. 1 . 

§ 476. The direction of the public forces to execute the 
laws, or repel foreign invasion, can be most effectually exer¬ 
cised by a single person; and as this power is of an execu¬ 
tive character, it is intrusted to the chief magistrate of the 
nation. This power existed in the executives of the states 
at the time of the formation of the constitution; and the 
propriety of its being committed to the executive authority 
seems not to have been seriously questioned. The power 
of the president to call forth the militia on sudden and special 
occasions has been noticed. (§ 404.) 

§ 477. The power of the president to require the opinions 
of his cabinet counsellors is properly granted; but this right, 
it is supposed, would exist in the absence of any constitu. 
tional provision. As the several executive auxiliary depart¬ 
ments are established to aid in the administration of the 
laws, and as the duties and responsibility of the president 
make it necessary that he should be kept acquainted with 
the business of every branch of the executive department, 
it is right that the principal officer of each should give to 
the president such information and assistance as may at any 
time be required. 

§ 478. Upon the propriety of confiding to the executive 


§ 476. Why are the public forces made subject to the command of 
the president ? § 477. Why are the opinions of the heads of depart¬ 

ments necessary ? $ 478. Why should not the power of pardon ex. 



164 GOVERNMENT OP THE UNITED STATES. 

the power to grant reprieves and pardons, we have already 
remarked. (§ 90.) As judgment in cases of impeachment 
extends only to removal from office, and disqualification to 
hold office, there cannot exist the same reasons for the exer¬ 
cise of the pardoning power in these cases, as in those which 
affect the lives and liberties of persons. This restriction 
upon the power of pardon is intended to prevent the execu¬ 
tive from screening public officers with whom he might have 
formed a corrupt coalition, or who might be his particular 
dependants or favorites. 

§ 479. “ He shall have power, by and with the advice 
M and consent of the senate, to make treaties, provided two 
“ thirds of the senators present concur ; and he shall nomi- 
“ nate, and by and with the advice and consent of the senate, 
“ shall appoint ambassadors, other public ministers and con- 
“ suls, judges of the supreme court, and all other officers of 
M the United States, whose appointments are not herein 
u otherwise provided for, and which shall be established by 
44 law: but the congress may by law vest the appointment 
44 of such inferior officers as they think proper, in the presi- 
44 dent alone, in the courts of law, or in the heads of depart- 
44 ments.”— Art. 2, sec. 2, cl. 2. 

§ 480. In monarchical governments, the power of ratify¬ 
ing and rejecting treaties is exercised by the king. In the 
United States, this power is confided to the president and 
senate. As treaties are, by the constitution, declared to be 
the supreme law of the land, some suppose the power to 
make them more properly belongs to the legislature. But 
as secrecy and despatch in negotiations may become neces¬ 
sary to secure a favorable result, the power is committed to 
the executive. However, to confide a power so momentous 
as that of making treaties of peace and war, and of com¬ 
mercial intercourse with the rest of the world, to a single 
individual, was not considered safe. The senate is there¬ 
fore associated with the president in making treaties. Its 
members are easily convened, and are generally governed 
by steady, systematic views, and a due regard for national 
character, and act with promptitude and firmness. 


tend to impeachments ? § 479. What powers are here enumerated ? 
$ 480. Why is the power of making treaties in part given to the presi- 



POWERS AND DUTIES OF PRESIDENT* J>65 

§ 481. A treaty has been defined to be a bargain between 
nations. (§ 27.) Treaties must of necessity be made through 
the agency of men appointed for that purpose. Agents who 
are intrusted with this business are called ambassadors and 
public ministers. The nomination of these officers is com- 
mitted to the executive, because, it is presumed, his undivided 
responsibility will induce a proper regard to his reputation 
in making selections. And he is supposed also to be better 
fitted to make a choice of persons for these offices, by his 
superior capacity to judge of the requisite qualifications. 

§ 482. It is by treaty that contending nations settle their 
disputes, agree upon terms of peace, and regulate their com. 
mercial intercourse. The particulars of the contract are 
agreed on by the ministers of each government, who put 
their agreement in writing ; two copies of which are made, 
signed and sealed; and one of them is sent to each of the 
respective governments, to be ratified. Both parties must 
ratify, or the treaty fails. The concurrence of two thirds 
of the senators present, with the president, in order to the 
ratification of treaties, furnishes a reasonable security against 
the acceptance of unfavorable propositions from foreign 
powers. 

§ 483. An ambassador is a person sent by the govern, 
ment of a nation to reside at the seat of government of an- 
other nation, to maintain a good understanding, and to look 
to the interests of his own nation. This is called an ambas. 
sador in ordinary. An ambassador extraordinary is a person 
sent on some particular occasion, who retires as soon as the 
affair on which he was sent is despatched. He is some, 
times called an envoy; and when he has full power to act as 
he may deem expedient, he is called envoy plenipotentiary, 
the latter word signifying full power. 

§ 484. The agent sent by the United States to reside at 
a foreign court is usually called minister. He represents 
the government that sends him, and his duties depend on 
the instructions which he receives. Ministers of the United 


dent? Why is the senate associated? § 481. Why has he the power 
©f nominating public, ministers? §482. How are treaties formed? 
§ 483. What is an ambassador ? An envoy ? § 484. What are the 
duties of ministers and charges of affairs of the United States ? Theif 



166 


GOVERNMENT OF THE UNITED STATES, 


States are allowed $9,000 a year for their personal services 
and expenses. A charges des affaires , (French,) meaning 
charge of affairs* is an agent of inferior grade, sent abroad 
to manage the affairs of his nation. lie is allowed $4,500 
for his services and expenses. But the president may allow 
to a minister or charge of affairs, on going out of the United 
States, in addition to his salary, an outfit, equal in amount 
to one year’s full salary. 

§ 485. Consuls are commercial agents residing in foreign 
seaports. Their duties are various. They receive the pro. 
tests or declarations which captains, passengers, and mer¬ 
chants, citizens of the United States, may make there. 
They dispose of the personal estate left by citizens of the 
United States, who die within their consulates, leaving no 
representative or partner in trade to take care of their 
effects. They receive the registers, sea letters, or pass¬ 
ports of masters of United States’ vessels arriving at the 
port where they reside. They render any assistance which 
merchants or ship masters of their own country may need; 
and they grant all certificates required by commercial regu¬ 
lations, or by treaty. Consuls are either paid a salary, or 
they receive fees fixed by law for each of the 'several acts 
they are required to perform. 

§ 486. The appointment of subordinate officers of the 
government belongs with propriety to the president, who is, 
in a great measure, responsible for the faithful discharge of 
their duties. There are many officers, however, employed 
in the several departments of the government, whose trusts 
are unimportant, and whose appointment is vested in those 
by whom they are more immediately employed. The rea¬ 
sons for investing the executive and senate with the general 
power of appointment have been, elsewhere stated. (§91, 92.) 

§ 487. “ The president shall have power to fill up all va. 
“ cancies that may happen during the reces3 of the senate, 
“ by granting commissions which shall expire at the end of 
“ their next session.”— Art. 2, sec . 2, cl. 3. 


salaries ? § 485. What are consuls ? Their duties ? § 486. Why is 
it proper that a president should appoint his own subordinate officers 7 
§ 487. When the senate is not in session, how is a vacancy filled? 
For how long a time ? § 488. Why must their commissions then 



POWERS AND DUTIES OF PRESIDENT. 167 

§ 488. This power is essential to prevent any detriment 
to the public interests which might otherwise result from 
vacancies in office that happen when the senate is not in 
session. But the persons appointed to fill such vacancies 
must be nominated to the senate, and their appointment 
confirmed by that body, during its next session. Without 
this restriction upon the president’s power to fill vacancies, 
he might continue unworthy favorites in office at his 
pleasure. 

§ 489. Vacancies that happen are those which occur from 
death, resignation, promotion, or removal; and the power 
has been questioned of appointing ambassadors to foreign 
nations, during the recess of the senate, where no such ap¬ 
pointments had before been made; as, in that case, no va¬ 
cancy would have happened. And if the senate be in session 
when a new office is created by law, and a nomination be 
not then made by the president, it is presumed he cannot 
appoint to such office during the recess, as the vacancy does 
not in this case happen . 

§ 490. The power of the president to remove an executive 
officer, as it is not expressly authorized by the constitution, 
has also been disputed. It was the opinion of the writers 
of the Federalist, who had assisted in framing the constitu¬ 
tion, that “ the consent of the senate would be necessary to 
displace as well as to appoint.” But this construction has 
since been rejected, and it appears to be settled by practice, 
that the power of displacing belongs to the president. 

§ 491; It may be proper here to observe, that, according 
to this practical construction, the constitution fails to provide 
any effectual guard against the abuse of the power of ap¬ 
pointment. For a president may remove any officer he 
pleases, and fill the vacancy during the recess of the senate; 
and, should the senate, at its next session, refuse to sanction 
the appointment, he may re-appoint the same person, or ap¬ 
point another favorite, during the next recess, and so on du¬ 
ring pleasure. 

§ 492. “ He shall from time to time give to the congress 


expire ? § 489. What are vacancies that happen ? § 490. Has the 
president power to remove officers ? § 491. If so, may not the object 

of the constitution be defeated ? How ? § 492. WTiat duties are 



160 


GOVERNMENT OF THE UNITED STATES* 


H information of the state of the union, and recommend to 
u their consideration such measures as he shall judge neces- 
M sary and expedient; he may, on extraordinary occasions, 
M convene both houses, or either of them; and in case of 
* disagreement between them with respect to the time of ad- 
w journment, he may adjourn them to such time as he shall 
“ think proper; he shall receive ambassadors and other 
M public ministers ; he shall take care that the laws befaith- 
M fully executed, and. shall commission all the officers of the 
u United States.”— Art. 2, sec. 3. 

§ 493. The president delivers to congress annually, at the 
opening of every session, a message , giving information rela¬ 
tive to the internal affairs of the union, and its relations with 
foreign powers ; and he brings to its notice such subjects as 
seem to demand legislative action. Special messages also 
are communicated, from time to time, as subjects arise, or 
in obedience to calls of congress for information. The pro¬ 
priety of committing these duties to the president is self- 
evident. The imperative duty of seeing that the laws are 
faithfully executed, without question or hesitation on his part, 
whatever may be their character, is here declared. 

§ 494. From a review of the powers and duties of the 
president, it appears that they are, many of them at least, ex¬ 
ceedingly important; and their proper or improper exercise 
must have a sensible effect, for good or for evil, upon the 
public welfare. In view of the magnitude of the executive 
trust, the constitution seems to have made due provision to 
prevent its abuse : first, in the mode of the president’s ap¬ 
pointment ; which is calculated to prevent the election of 
incompetent or undeserving men, as well as the successful 
employment of undue means to procure an election; sec¬ 
ondly, by the limitation of the term of office to four years, 
at the expiration of which he may be displaced ; thirdly, by 
the precise and definite limitation of his powers; and lastly, 
by providing for his removal from office, by impeachment, 
for misconduct. 

§ 495. But to all these safeguards and restrictions should 


enumerated in this section ? § 493. How, and on what occasions docs 
the president communicate to congress ? § 494. In what particulars 
doe3 the constitution guard the executive trust ? § 495. What farther 




EXECUTIVE AUXILIARY DEPARTMENTS. 


169 


be superadded unremitting vigilance on the part of the peo¬ 
ple. No barriers which the constitution interposes, nor all 
the restraints of law, are sufficient to protect the liberties of 
the people, if the public eye cease to inspect the conduct of 
those who are intrusted with the powers of government; 
and if the sovereign people be not disposed to call those to 
account who abuse the trusts confided to them. 

§ 496. “ The president, vice president, and all civil officers 
H of the United States, shall be removed from office on im- 
u peaehment for, and conviction of, treason, bribery, or other 
u high crimes and misdemeanors.”— Art . 2, sec. 4. 


CHAPTER XXIV. 

Executive Auxiliaries.—Department of State—of the Treas¬ 
ury—°f War—of the Navy—Attorney General. 

§ 497. To aid the president in the administration of the 
government and laws of the United States, the following de¬ 
partments have been established: The department of state, 
the department of the treasury, the department of war, the 
department of the navy, and the post office department. The 
head officers of these departments, together with the attor¬ 
ney general, form the principal home ministers of the execu- 
tive, and constitute what is called the cabinet. Until recent¬ 
ly the postmaster general was not considered a cabinet 
officer. 

§ 498. The department of state existed for many years 
before the adoption of the constitution. It was called the 
“ department of foreign affairs,” and the chief officer was en¬ 
titled the “secretary of the department of foreign affairs.” 
By the act of 1789, it was denominated the “ department of 
state,” and the principal officer therein, the “ secretary of 
state.” 


safeguard is necessary ? § 496. What officers are removable by impeach¬ 
ment ? 

$ 497. WJiat auxiliary executive departments are there ? § 498. 
15 





170 GOVERNMENT OF THE UNITED STATES. 

§ 499. The secretary of state performs such duties as ar« 
committed to him by the president, relating to foreign inter- 
course, and to public ministers and consuls ; or to negotia- 
tions with foreign powers ; to memorials and other applica¬ 
tions from foreign ministers or other foreigners ; or to such 
other matters as shall be assigned to his department by the 
president. Through this officer, the views of the executive 
are officially expressed, and instructions given to diplomatic 
officers. Hence he is sometimes called the diplomatic 
agent. Diplomacy means the power or forms of negotia¬ 
tion ; or, the customs, rules, and privileges of ambassadors 
and other representatives at foreign courts. 

§ 500. The secretary of state keeps the seal of the United 
States; he makes out, records, and seals all civil commis¬ 
sions to officers appointed by the president, by and with the 
advice and consent of the senate, or by the president. He 
causes the laws, and all treaties ratified by the government, 
to be published in the newspapers designated for that pur¬ 
pose in the several states and territories. He causes to be 
published, at the close of every session, the necessary num¬ 
ber (formerly eleven thousand copies) of the acts of con¬ 
gress to be distributed among the officers of the general gov¬ 
ernment, and among the several states. (§ 250.) There are 
other duties, of a similar nature, which devolve upon this 
officer. The patent office is connected with this department. 
The secretary of state employs a chief clerk, and a number 
of subordinate clerks, whose compensation is fixed by law. 
The salary of the secretary of state is $6,000 a year, of the 
chief clerk $2,000. 

§ 501. The department of the treasury existed under differ¬ 
ent forms, during the confederation, and for many years after 
the adoption of the constitution. It received its present or¬ 
ganization by the act of March, 1817. The officers of this 
department are, a secretary, who is the head of the depart¬ 
ment, two comptrollers, five auditors, a treasurer, a register, 
and a commissioner of the land office ; each of whom is al¬ 
lowed one chief clerk, and such additional clerks as the bn- 
siness of their respective offices renders necessary. 


When was the state department established ? § 499, 500. What are 
the -duties of the secretary of state ? What is diplomacy ? § 501. When 



EXECUTIVE AUXILIARY DEPARTMENTS* 17 ! 

§ 502. The secretary of the treasury prepares and lays be¬ 
fore congress, at the commencement of every session, a re¬ 
port of the finances, containing a statement of the public 
revenue and expenditure during the past year, the value of 
the imports and exports for the same period, and estimates 
of the revenue and expenditures for succeeding years, and 
plans for improving the revenues. He also makes, annual¬ 
ly, a statement of appropriations of money, and of sums re* 
maining in the treasury. He superintends the collection of 
the revenue, and provides for building and keeping in repair 
the light houses, beacons, buoys, and public piers; and per¬ 
forms such other duties as appertain to his office. His sal¬ 
ary is $6,000 a year. 

§ 503. The business of the comptrollers and auditors re¬ 
lates chiefly to examining and settling the public accounts, 
and to the recovery of debts due to the United States. The 
treasurer receives and keeps the money of the United States, 
and pays out the same on warrants drawn by the secretary 
of the treasury; and on the third day of every session, lays 
before congress copies of all accounts settled with the comp¬ 
troller, and a true account of the state of the treasury. The 
register annually prepares statistical accounts of the com¬ 
merce of the United States with foreign countries for the pre¬ 
ceding year, to be laid by the secretary of the treasury be¬ 
fore congress at every session. Such accounts state the 
goods imported and exported, and the navigation employed 
in the foreign trade. The commissioner of the land office su¬ 
perintends and performs such acts as relate to lands pat¬ 
ented or granted by the United States. No person holding 
an office in this branch of the department, is allowed to have 
any interest in the purchase of any public land ; nor may 
he take any fee or emolument for negotiating or transacting 
the business of the office, other than his salary. The salary 
of the first comptroller is $3,500 ; the salaries of the other 
comptroller, auditors, treasurer and register, each $3,000 ; 
of the chief clerk of each, $1,700 ; of the commissioner of 

was the treasury department established ? (See § 168.) When re¬ 
organized ? What are its officers ? § 502. What are the duties of the 

secretary ? His salary ? § 503. What are the duties of the comp¬ 
trollers and auditors ? The treasurer? The register? The commis¬ 
sioner of the land office ? What are their respective salaries ? § 504, 



172 GOVERNMENT OF THE UNITED STATES. 

the land office, $3,000 ; of the inferior officers of the same, 
from $1,500 to $2,000 each. 

§ 504. The laws regulating the treasury department, 
prescribe the manner of keeping, settling, and collecting the 
publig accounts. In cases of insolvency, debts due the 
United States on revenue bonds, must be first satisfied. 
The United States cannot be sued. A creditor who is re¬ 
fused payment must apply to congress. 

§ 505. The secretary of the war department performs 
such duties as relate to military commissions, or to the land 
forces, and warlike stores of the United States ; and to such 
other matters respecting military or Indian affairs, as shall 
be assigned to his department. He is required to make aft 
annual statement to congress of the expenditure and appli¬ 
cation of moneys drawn from the treasury for his depart¬ 
ment, and to make such suggestions to congress relative to 
the condition of his department as he shall think proper. 
His salary is $6,000 a year. The chief clerk receives 
$2,000. The heads of the several sub-departments receive, 
some $2,500, others $3,000 ; and their chief clerks from 
$1,150 to $1,700 each. 

§ 506. In this department is transacted the business re¬ 
lating to military pensions. A pension is a yearly allow¬ 
ance to a person by the government, in consideration of past 
services. Laws have existed from the first organization of 
the government, granting pensions to persons disabled in 
the war of the revolution, in such manner as to render them 
unable to procure a subsistence by manual labor. After 
the close of the late war, persons were added to the pension 
list, who had been disabled by wounds while in the service 
during the late war. Pensions were also allowed, by the 
act of 1818, to all the soldiers of the revolution who had 
served nine months or longer in such war, and who were 
in necessitous circumstances. By the act of 1832, the 
pension list was so extended as to include all who had 
served in the army and navy, during the war of the revolu¬ 
tion, for at least six months. 


What provision respecting creditors and insolvent debtors ? § 505. 
What arc the duties of the secretary of war ? His salary 7 SalarieB 
of the subordinate officers ? § 506. What is a pension ? What has 




JUDICIAL DEPARTMENT. 


173 


§ 507. The secretary of the department of the navy , exe¬ 
cutes the orders of the president, relating to the procure¬ 
ment of naval stores and materials, and the armament, 
equipment, and employment of vessels of war, and all other 
matters pertaining to the naval establishment. Three of¬ 
ficers are appointed by the president and senate, who con¬ 
stitute a board of commissioners for the navy, and who 
discharge the ministerial duties of the office of the secre¬ 
tary, and furnish all estimates of expenditures which the 
several branches of the service may require. The secretary 
of the navy receives for his salary $6,000 ; chief clerk, 
$2,000; three commissioners, each $3,500; a secretary, 
$2,000 ; and a chief clerk, $1,600. 

§ 508. The act of 1789 provides for the appointment of 
a meet person, learned in the law, to act as attorney general 
of the United States, who shall be sworn to execute faith¬ 
fully the duties of his office. His duty is to prosecute and 
conduct all suits in the supreme court, in which the United 
States shall be concerned, and give his advice upon ques¬ 
tions of law, when required by the president, or when re¬ 
quested by the heads of any of the departments. His 
salary is $4,000 a year. 

Ministers at foreign courts, and consuls, are also con¬ 
sidered executive officers. Their duties have been described. 
(§ 483-485.) 


CHAPTER XXV. 

Judicial Department.—Organization and Powers of the 
several Courts. 

§ 509. “ The judicial power of the United States shall be; 
“ vested in one supreme court, and in such inferior courts, 
as the congress may, from time to time, ordain and estab- 


been provided by the pension laws ? § 507. What are the duties of 

the secretary of the navy ? Of the other officers ? § 508. What are 

the duties of the attorney general ? His salary ? 

6 509. In what courts is the judicial power vested ? How is the 

15 * 




174 GOVERNMENT OF THE UNITED STATES. 

* lish. The judges of both the supreme and inferior courts, 

* shall hold their- offices during good behavior; and shall, 
f ‘ at stated times, receive for their services a compensation, 
** which shall not be diminished during their continuance in 
M office.”— Art. 3, sec. 1. 

§ 510. The necessity of a judicial department, and the 
general principles and organization of the judiciary system, 
have been noticed. (§ 93-106.) Under the confederation, 
this department was wanting in the general government. 
If it be necessary that there should be a judicial power, 
separate from the legislative and executive powers, it is 
equally necessary that the former should be co-extensive 
with the latter. If there be a national legislature and a 
national executive, there ought also to be a national judicial 
tribunal to judge of and interpret the laws made and exe¬ 
cuted. It would not, perhaps, be less improper to commit 
the power of making and executing laws for the union to 
the legislatures and executives of the several states, than to 
give the state courts jurisdiction in cases arising under the 
laws of the United States. What would be decided to be 
a violation of law or the constitution by a court of one state, 
might receive an adverse decision by that of another state. 
Hence the necessity of a national judiciary, to ensure a 
uniform interpretation of the laws and constitution. 

§ 511. The institution of inferior courts is left to the 
discretion of congress. Their establishment, however, was 
contemplated ; being designed to preclude the necessity and 
inconvenience of having recourse to the supreme court in 
every case of national jurisdiction. 

§ 512. “ The judicial power shall extend to all cases, in 
w law and equity, arising under this constitution, the laws 
M of the United States, and treaties made, or which shall be 

* made, under their authority ; to all cases affecting ambas- 
“ sadors, other public ministers, and consuls; to all cases 

* of admiralty and maritime jurisdiction; to controversies 
u to which the United States shall be a party ; to contro- 
** versies between two or more states ; between a state and 


compensation of the judges regulated ? § 510. Why is a national 

judiciary necessary? §511. What is the use of inferior courts? 
§ 512. To what cases does the judicial power extend ? § 513. Why 



JUDICIAL DEPARTMENT. 


175 


M citizens of another state ; between citizens of different 
“ states; between citizens of the same state claiming lands 
“ under grants of different states ; and between a state or 
“ a citizen thereof, and foreign states, citizens, or subjects.”— 
Art. 3, sec. 2, cl. 1. 

§ 513. The cases here enumerated, are either those which 
are exclusively national in their character, or those in which 
a state or its citizens are at issue with another state or its 
citizens. It would therefore be highly improper to give to 
the state courts cognizance of such cases. 

§ 514. “In all cases affecting ambassadors, other public 
“ ministers, and consuls, and those in which a state shall be 
“ a party, the supreme court shall have original jurisdiction. 
44 In all the other cases before mentioned, the supreme court 
44 shall have appellate jurisdiction, both as to law and fact, 
44 with such exceptions, and under such regulations, as the 
44 congress shall make.”— Art. 3, sec. 2, cl. 2. 

§ 515. By original jurisdiction is meant, that a suit may 
originate , or commence, in this court. The grant of original 
jurisdiction to this court does not imply, however, that it has 
exclusive jurisdiction. If a case has been tried in an infe¬ 
rior court, and a party be not satisfied with the decision of 
the court, such party may appeal to the supreme court for 
trial and adjudication. In such trial, this court is said to 
have appellate jurisdiction. It has original jurisdiction in no 
other cases than those mentioned in the constitution. Its 
principal business is to re-judge cases that are brought from 
the circuit courts. 

§ 516. When the constitution or laws of the United 
States come in question, in the highest court in a state, and 
are there judged of, a writ of error may be brought, where¬ 
by a case is transferred to the supreme court; and the de¬ 
cision of the state court may be approved or reversed. By 
writ of error, nothing is removed for re-examination but the 
law in the case; by appeal, the whole cause is entirely re¬ 
moved, and all the facts are submitted for a rehearing. 
Thus, all laws of the union may be finally judged of by one 
tribunal, and receive a uniform interpretation. 


should not state courts try such cases ? § 515. What is original 

jurisdiction? Appellate jurisdiction ? § 516. What is the difference 



176 


GOVERNMENT OF THE UNITED STATES. 


§ 517. The organization of the judiciary was provided 
for by the act of 24th of September, 1789. By this act 
were constituted the supreme court, and courts of inferior 
grade, called circuit courts, and district courts. The su¬ 
preme court consisted of a chief justice, and six associate 
justices. The number of the latter has been recently in¬ 
creased to eight. This court holds annually, at the city 
of Washington, one session, commencing on the second 
Monday of January. The session usually continues about 
eight weeks. 

§ 518. The United States are divided into nine circuits, 
in each of which two courts are held annually. The nine 
judges of the supreme court are so located as to bring one 
of them in each of the several circuits. A circuit court is 
composed of the judge of the supreme court residing within 
his circuit, and the judge of the United States’ district court 
of the district in which such circuit court shall be held. 

§ 519. This court tries causes between citizens of dif¬ 
ferent states, between aliens and citizens, and those wherein 
the United States are a party. It also tries some cases in 
appeal from the district courts. It tries matters relating to 
affairs on the high seas. It tries all felonies punishable with 
death, as piracies, murders in forts and arsenals, and other 
territory ceded by the states to the general government for 
national uses, and on board ships of war in time of peace, 
and when not within the body of a county, or within a 
harbor. It has a grand jury and a petit jury. 

§ 520. District courts are the lowest national courts in 
the United States. Every state constitutes at least one dis. 
trict, and some of the largest states, two. In each of these 
is a district judge., who has jurisdiction in cases arising under 
the laws made for the collection of duties; and in cases of 
penalties and forfeitures under the laws of the United 
States ; and of crimes of inferior grade against the laws 
of the United States, committed on land and sea. In every 
district there is a district attorney , who institutes suits for 


in effect between a writ of error and appeal ? § 517. When was the 

judiciary organized ? How is the supreme court constituted ? § 518. 
How are the circuit courts constituted ? § 519. What is their juris¬ 
diction ? $ 520. How are the district courts constituted ? What is 



JUDICIAL DEPARTMENT. 


177 


the United States, and conducts prosecutions and trials on 
indictment: and there is a marshal of the district whose 
duties are similar to those of a sheriff. These courts hold 
annually four stated terms. This court has, in some cases, 
a jury. 

The salary of the chief justice of the supreme court is 
$5,000 ; of the associate judges, $4,500 each. 

§ 521. “The trial of all crimes, except in cases of im- 
“ peachment, shall be by jury; and such trial shall be held 
“ in the state where the said crimes shall have been com- 
“ mitted : but when not committed within any state, the 
“ trial shall be at such place or places as the congress may 
“ by law have directed.”— Art. 3, sec. 2, cl. 3. 

§ 522. The importance of the institution of trial by jury 
us a safeguard to liberty, the manner in which juries are 
constituted, and their agency in trials, have been stated. 
(§ 120-125.) The right of trial by jury was esteemed by 
the colonists as one of the most valuable privileges enjoyed 
under the British constitution ; and the infringement of this 
right constituted one of the grievances enumerated in the 
declaration of independence, which were alleged to justify 
the revolution. As might have been expected, therefore, 
the framers of the constitution failed not to secure this in¬ 
valuable privilege, by express provision. 

§ 523. The silence of the above clause in respect to civil 
cases, was by some supposed to imply that this right was 
secured only in cases of crime. Therefore, to place the 
question beyond cavil or doubt, an amendment was subse¬ 
quently added to the constitution, which expressly guaranties 
the right in all civil suits, when the value in controversy shall 
exceed twenty dollars. 

§ 524. It is also provided that the trial shall be held in 
the state in which the crime shall have been committed. 
This is intended to secure the trial of the accused among 
his friends and acquaintances; for it is not to be supposed 


their jurisdiction ? What are the salaries of the judges of the supreme 
court? §521. What provision does the constitution make concern¬ 
ing the trial of all crimes ? § 522. How did the colonists regard the 

right of trial by jury ? § 523. Is this right enjoyed in cases of crime 

*mly ? § 524. Why must the trial be in the state in which the crime 
was committed ? 


12 



178 


GOVERNMENT OF THE UNITED STATES. 


that strangers will feel an equal concern in his case. Also, 
the inconvenience and expense of attending trial in a distant 
place, might deprive him of the benefit of an important 
witness. As crimes may be committed in territories beyond 
the limits of a state, or upon the high seas, it is necessary 
that congress should have power to provide for the trial in 
such cases. 


CHAPTER XXVI. 

Treason. 

§ 525. “ Treason against the United States, shall con- 
“ sist only in levying war against them, or in adhering to 
« their enemies, giving them aid and comfort. No person 
“ shall be convicted of treason, unless on the testimony of 
“ two witnesses to the same overt act, or on confession in 
“ open court.”— Art. 3, sec. 3, cl. 1 . 

§ 526. A general proneness to construe crimes of a less 
aggravated character into acts of treason, rendered it 
proper that the constitution should define the crime. The 
term, “ levying war,” is adopted from the English statute of 
treasons, and has that sense in the constitution which it was 
understood to have in the English statute. An assemblage 
of men for a treasonable purpose, such as war against the 
government, or a revolution of any of its territories, and in 
a condition to make such war, constitutes a levying of 
war. 

§ 527. War can be levied only by the employment of 
force; troops must be embodied ; men must be openly 
raised ; but neither arms nor the actual application of force 
to the object, are indispensably requisite. To march in 
arms with a force marshalled and arrayed, committing 
acts of violence, in order to compel the resignation of a 


§ 525. In what does treason consist ? What is necessary to con¬ 
vict of treason ? § 526. Why is the constitution made to define 

treason ? What is levying war ? § 527. How only can war be 




TREASON. 


179 


public officer, thereby to render ineffective an act of con- 
gress, is high treason. When war is levied, all who per¬ 
form a part, however remote from the scene of action, 
being leagued in the conspiracy, commit treason. If one 
advise or command an overt act of treason, he is guilty 
accessorily. A mere conspiracy to levy war is not treason. 
A secret, unarmed meeting of conspirators, not in force, 
nor in warlike form, though met for a treasonable purpose, 
is not treason ; but these offences are high misdemeanors. 

§ 528. The constitution, with equal propriety, prescribes 
the proof requisite for conviction of treason. No evidence 
less than the testimony of two credible witnesses ought to 
be deemed sufficient to convict of a crime which deprives 
a person of life. 

§ 529. “ The congress shall have power to declare the 
“ punishment of treason ; but no attainder of treason shall 
“ work corruption of blood, or forfeiture, except during the 
“ life of the offender.”— Art. 3, sec. 3, cl. 2. 

§ 530. Congress, in pursuance of the power here granted, 
has declared the punishment of treason to be death by hang¬ 
ing ; thus abolishing the barbarous modes of punishment, and 
cruel tortures, which were in former ages inflicted upon 
persons convicted of this crime. 

§ 531. Attainder literally signifies a staining, or corrup¬ 
tion. It here means a judgment or sentence against an 
offender. Corruption of blood by the common law of Eng¬ 
land, signifies the loss of inheritable qualities. A person 
attainted of felony, forfeits his estate; and he can neither 
inherit lands from his ancestors, nor transmit them to his 
heirs. This practice, so unreasonable, and so unjust to the 
innocent relatives of an offender, has been abolished by the 
constitution ; and congress, in the exercise of its constitu¬ 
tional power, has declared, that “ no conviction or judgment 
shall work corruption of blood, or any forfeiture of estate 
so that the forfeiture may be omitted, even during the life 
of the offender. 


levied ? What else does treason comprehend ? ? 529. What prohi¬ 
bition is laid upon the punishment of treason ? § 530. What punish¬ 
ment has congress designated ? § 531. What is attainder? Corrup. 

Mon of blood ? Is this practised in the United States ? 



180 


GOVERNMENT OF THE UNITED STATES. 


CHAPTER XXVII. 

Effect of State Records—Privileges of Citizens—Arrest of 
Fugitives—Admission of States—Disposal of Public Prop - 
erty—Guaranty of Republican Government , c^c., to the 
States. 

§ 532. “ Full faith and credit shall be given in each state 
u to the public acts, records, and judicial proceedings of every 
* other state. And the congress may, by general laws, pre- 
“ scribe the manner in which such acts, records, and pro- 
“ ceedings shall be proved, and the effect thereof.”— Art. 
4, sec. 1. 

§ 533. This clause is intended to secure justice to persons 
in cases of removal into other states. A person, against 
whom a judgment may have been obtained by due process 
of law, might remove with his property into another state, 
where, in consequence of the remoteness of his residence, or 
the death or removal of material witnesses, he would be pla¬ 
ced beyond the reach of justice by a new trial. It was ne¬ 
cessary, therefore, that the records of the court in which the 
judgment was had, should be received in evidence, and have 
full credit in every court within the United States. A cer¬ 
tificate under seal of the clerk of a court of record, may be 
transmitted to any state in the union; wherever the same 
shall be received, it shall be deemed evidence of the facts 
therein stated. 

§ 534. “The citizens of each state shall be entitled to all 
“ privileges and immunities of citizens in the several states.” 
— Art. 4, sec. 2, cl. 1. 

§ 535. This clause prohibits the states from enacting laws 
bestowing upon their own native citizens political and civil 
privileges which could not be enjoyed by those who were the 
natives of other states : or laws which should give privileges 
to citizens of some states in preference to those of other 
states. It does not, however, prohibit a state from enacting 


§ 532, 533. Why is the provision necessary, concerning the effect 
of public records in other states ? § 534, 535. What is the object of 
the clause securing to the citizens of one state the privileges of citizens 



ARREST OF FUGITIVES. 


181 


that citizens removing into it from another state, shall reside 
in it a certain period of time, to be entitled to vote at elec¬ 
tions. 

§ 536. “A person charged in any state with treason, 
“ felony, or other crime, who shall flee from justice, and be 
“ found in another state, shall, on demand of the executive 
“ authority of the state from which he fled, be delivered up, 
“ to be removed to the state having jurisdiction of the crime.” 
— Art. 1, sec. 2, cl. 2. 

§ 537. Without such authority for the apprehension of 
criminals, the most atrocious crimes might be committed 
with impunity, as the perpetrators might easily effect their 
escape, and take shelter in an adjacent state. 

§ 538. “ No person held to service or labor in one state, 
“ under the laws thereof, escaping into another, shall, in con- 
“ sequence of any law or regulation therein, be discharged 
“ from such service or labor, but shall be delivered up on 
fi claim of the party to whom such service or labor may be 
u due.”— Art. 1, sec. 2, cl. 3. 

§ 539. This clause was designed to enable slaveholders 
to reclaim slaves who should escape into states in which 
slavery is not allowed. This they could not do before the 
constitution was adopted. A slave escaping into a non¬ 
slaveholding state, became free. In consenting to this clause, 
many members of the convention sacrificed their own feel¬ 
ings, and surrendered their own better judgment to the in¬ 
terests of the southern states. And it is believed this con¬ 
cession on the part of the free states has not a little aided in 
strengthening the system of slavery in the United States. 

§ 540. The facility with which slaves are at present re¬ 
claimed, has led to great abuses. As slaves are delivered 
up, in many states, into the hands of claimants, on very 
slight proof, cases have occured in which free colored per¬ 
sons being arrested, and, on testimony amounting scarcely to 
a well founded suspicion, have been surrendered to kidnap¬ 
pers, by whom they have been sold into perpetual bondage; 


in the several states ? § 536. What provision is made for arresting 
fugitive criminals ? § 537. Why is it necessary ? § 538. How are 
fugitive slaves reclaimed ? § 539. For what purpose was this provis¬ 
ion made ? § 540. What abuse has this led to ? § 541. How are the 

16 



182 


GOVERNMENT OF THE UNITED STATES. 


To prevent abuses of this kind, it is deemed expedient that 
the right of trial by jury should be granted to every person 
claimed as a slave, to afford him a fair opportunity of estab¬ 
lishing his freedom. 

§ 541. “New states maybe admitted by the congress into 
“ this union ; but no new state shall be formed or erected 
“ within the jurisdiction of any other state ; nor any state be 
“ formed by the junction of two or more states, or parts of 
“ states, without the consent of the legislatures of the states 
“ concerned, as well as of the congress.”— Art. 4, sec. 3, 
cl. 1. 

§ 542. This provision was deemed necessary in view of 
the large extent of national territory possessed by the Uni¬ 
ted States, and of the inconvenient size of some of the states 
then existing. Under this power, the number of the states 
has been doubled, thirteen new states having been added to 
the original thirteen; four of which, Vermont, Kentucky, 
Tennessee, and Maine, have been formed from the old states, 
and the remaining nine, from the territorial possessions of 
the United States. The propriety of requiring the consent 
of the state legislatures and of congress, in the cases men¬ 
tioned, is readily perceived. 

§ 543. “ The congress shall have power to dispose of, and 
“ make all needful rules and regulations respecting the ter- 
“ ritory or other property belonging to the United States; 
“ and nothing in this constitution shall be so construed as to 
“ prejudice any claims of the United States, or of any par- 
“ ticuiar state.”— Art. 4, sec. 3, cl. 2. 

§ 544. The right of the general government to exercise 
authority over its own possessions, would seem scarcely to 
admit of doubt; but this power under the confederation had 
been questioned; and an express grant of such power was 
therefore inserted in the constitution. As the people within 
such territory neither possess the right of self-government, 
nor are subject to the laws of any state, congress ought to 
have power to make laws for their government. 

§ 545. “ The United States shall guaranty to every state 


admission and formation of new states restricted ? § 542. Why was 

this provision necessary ? § 543. How is the public property disposed 
of? § 544. Why is the power to dispose of it given to congress? 



PROVISION FOR AMENDMENTS. 


183 


** in this union a republican form of government, and shall 
44 protect each of them against invasion ; and, on application 

of the legislature, or of the executive, (when the legislature 
“ cannot be convened,) against domestic violence.”— Art. 4, 
sec. 4. 

§ 546. The states have a natural claim to the protection 
of the general government against any attempts that might 
be made to change their forms of government; and also 
against invasion from abroad, and insurrections within their 
own borders, especially as they had surrendered to the gen¬ 
eral government the right of keeping a standing force for 
their defence. A state may make any alteration in its con¬ 
stitution that shall not change its republican form. 


CHAPTER XXVIII. 

Provision for Amendments—Assumption of the Public Debt 
—Supremacy of the Constitution—Oaths and Tests — Rati, 
fication of the Constitution. 

§ 547. 44 The congress, whenever two thirds of both houses 
44 shall deem it necessary, shall propose amendments to this 
44 constitution, or, on application of the legislatures of two 
44 thirds of the several states, shall call a convention for pro- 
“ posing amendments, which, in either case, shall be valid, 
“ to all intents and purposes, as part of this constitution, when 
44 ratified by the legislatures of three fourths of the several 
44 states, or by conventions in three fourths thereof, as the 
44 one or the other mode of ratification may be proposed by 
“ the congress ; provided that no amendment which may be 
44 made prior to the year one thousand eight hundred and 
“ eight, shall in any manner affect the first and fourth clauses 
44 of the ninth section of the first article ; and that no state, 


§ 545. What do the United States guaranty to the states ? § 546. Why 
is this guaranty necessary ? 

§ 547. How are amendments to be proposed and ratified ? § 548. 




184 GOVERNMENT OF THE UNITED STATES, 

<{ without its consent, shall be deprived of its equal suf- 
“ frage in the senate.”— Art. 5. 

§ 548. It was presumed by the framers of the constitu¬ 
tion, that, notwithstanding the care with which it had been 
prepared, experience would discover it to be imperfect ; or 
that, how well soever it might, at that time, serve the pur¬ 
poses of government, time and change of circumstances 
would render some alterations necessary. It was requisite, 
therefore, that some mode of amending it should be pro¬ 
vided. But, lest the government should become unstable 
from too frequent alterations, modes of amendment were 
adopted which are calculated to guard against any altera¬ 
tion that is not necessary to remedy some palpable defect 
or inconvenience. 

§ 549. The power to amend the constitution does not ex¬ 
tend to every' provision. No amendment might affect those 
clauses which secured the right to import slaves until the 
year 1808, and prescribed the mode of apportioning taxes; 
nor that which guaranties to each state an equality in the 
senate. Since the adoption of the constitution, amendments 
or additions have been, at three different times, proposed by 
congress, and ratified by the states. 562, 584, 585.) 

§ 550. Frequent attempts have been made, within a few 
years past, to propose amendments to the constitution; but, 
from the veneration in which the people hold this instrument, 
and from their jealousy of any attempts to change a form of 
government under which they have enjoyed unexampled 
prosperity, these attempts have proved unsuccessful. The 
people seem disposed toendure some trifling inconveniences, 
rather than to countenance a spirit of innovation, which, if 
encouraged, may in time produce a change in the fundamen¬ 
tal principles of the government. Of the twelve articles 
styled ‘amendments,’which have been incorporated into the 
constitution since its adoption, none but the last,, (changing 
the mode of electing president and vice president,) repeals or 
makes void any part of the constitution originally adopted, 

§ 551. By providing that amendments shall not even be 

Why was this provision deemed necessary ? § 549. May any part of the 

constitution be altered ? § 550. What has been the result of late at¬ 
tempts to amend ? § 551. How is the constitution guarded against 




SUPREMACY OF THE CONSTITUTION. 


1S5 


proposed to the people, but by two thirds of both houses of 
congress, and that a convention for proposing amendments 
shall not be called by congress, until requested to do so by 
the legislatures of two third of the states; and by providing 
farther, that, before amendments thus proposed shall be 
valid, they must be ratified either by the legislatures of 
three fourths of the states, or by conventions or delegates 
chosen by the people of three-fourths of the states; the con¬ 
stitution seems to be effectually guarded against unneces¬ 
sary amendments or mutilations. The approval of the pre¬ 
sident is not required to a proposition by congress for an 
amendment of the constitution. 

§ 552. “ All debts contracted, and engagements entered 
“into, before the adoption of this constitution, shall be as 
“ valid against the United States under this constitution, 
“as under the confederation.”— Art, 6, cl. 1. 

§ 553. This clause recognizes the justice of the claims 
then existing against the gouernment, and the moral obli¬ 
gation it was under to pay the debts which had been con¬ 
tracted, to carry on the war of independence. Indeed, one 
of the ends to be attained by a change of government, was 
some effectual provision for fulfilling the engagements of 
the nation previously entered into, and to which the public 
faith had been pledged in the articles of confederation. It 
was also intended to allay the fears of public creditors, who 
apprehended that a change of government would release 
the nation from its obligations. 

§ 554. “ This constitution, and the laws of the United 
“ States which shall be made in pursuance thereof; and all 
“ treaties made, or which shall be made, under the autho- 
“ rity of the United Slates, shall be the supreme law of 
“ the land; and the judges in every state shall be bound 
“ thereby, any thing in the constitution or laws of any state 
“ to the contrary notwithstanding.”— Art. 6, cl. 2. 

§ 555. If the states were to regard their own laws as su¬ 
preme, nothing would have been gained by union. In fact, 
the very idea of union forbids such a supposition. It was the 

needless alterations ? $ 552. What debts were assumed by the con¬ 

stitution ? $ 553. What were the objects of this clause ? § 554. What 
is the supreme law of the land ? § 555. Why is this provision neces- 



186 GOVERNMENT OF THE UNITED STATES. 

want of supremacy in the general government under the con¬ 
federation, that, more than any other consideration, called 
for a remedy. If the constitution or laws of each state were 
supreme in such state, the constitution of the United States 
could have no binding force, and there would be at the pres¬ 
ent time, no less than twenty-six supreme governments in the 
union, which is an absurdity. All laws, therefore, whether 
of the general government, or of the state governments, can 
have no validity after they shall have been pronounced by the 
supreme court of the nation to be repugnant to the constitu¬ 
tion of the United States. 

§ 556. “ The senators and representatives before men- 
** tioned, and the members of the several state legislatures, 
and all executive and judicial officers, both of the United 
•“ States and of the several states, shall be bound by oath or 
“ affirmation, to support this constitution ; but no religious 
■“ test shall ever be required as a qualification to any office 
4 ‘ or public trust under the United States.”— Art. 6, cl. 3. 

§ 557. The nature of an oath has been explained in an¬ 
other place. (§ 474.) The propriety of thus binding the 
conscience of a public officer has ever been esteemed neces¬ 
sary to secure fidelity to official trusts. Oaths ought not, 
however, to be used on trivial occasions, as their frequency 
tends to weaken a sense of their obligation. 

§ 558. Religious tests are, however, properly prohibited. 
Test here means an oath or declaration in favor of or against 
certain religious opinions, as a qualification for office. In 
England, all officers, civil and military, were obliged to make 
a declaration against transubstantiation, and assent to the 
doctrines, or conform to the rules of the established church, 
before they could enter upon their official duties. Such a 
test is inconsistent with the principles of religious liberty; 
and as perfect freedom in matters of religion was the main 
object sought by our puritan fathers in their emigration to 
this country, it is not strange that their immediate descend¬ 
ants should forbid the introduction of religious tests into their 
form of government. 


*ary ? § 556. What officers are required to take oaths of office ? 
§ 557. What effect are they designed to have ? § 558. What is a reli¬ 
gious test? Why is it improper? § 559. How many states were re- 



AMENDMENTS TO THE CONSTITUTION. 


187 


§ 559. “ The ratification of the conventions of nine states, 
“ shall be sufficient for the establishment of this constitution 
“ between the states so ratifying the same.”— Art. 7. 

§ 560. The constitution bears date the 17th day of Sep¬ 
tember, 1787; and is signed by “ George Washington, 
President, and deputy from Virginia,” and one delegate or 
more from each of the thirteen states, except Rhode Island, 
which was not represented. On the 2d day of July, 1788, 
the ratification of New Hampshire, the ninth state, was re¬ 
ceived by congress. On the 14th of the same -month, con¬ 
gress adopted a resolution appointing the first Wednesday 
of January, 1789, for choosing presidential electors in the 
several states, and the first Wednesday of February for the 
electors to meet in their respective states for the election of 
president. On Wednesday the 4th of March, 1789, pro¬ 
ceedings commenced under the constitution. On the 30th 
of April, George Washington, having been unanimously 
elected, was inaugurated as president of the United States. 

§ 561. The ratifications of North Carolina and Rhode Isl¬ 
and were not received by congress until the following year. 
The ratification of the former was received in January, 
1790; that of the latter in June of the same year. 


CHAPTER XXIX. 

Amendments to the Constitution . 

§ 562. The conventions of several of the states having, 
at the time of their adopting the constitution, expressed a de¬ 
sire, in order to prevent misconstruction or abuse of its pow¬ 
ers, that additional declaratory and restrictive clauses should 
be added, congress, at the session begun and held in the cityi 
of New York, on the 4th of March, 1789, proposed to the 


quired to ratify the constitution ? § 560, 561. What is the date of the 

constitution ? When ratified ? When did the government under it 
commence ? 

§ 562. Which of the amendments were first made ? § 563. What 




183 GOVERNMENT 6f THE UNITED STATES. 

legislatures of the several states twelve amendments, only 
ten of which (the ten first following) were adopted. 

§ 563. “ Congress shall make no law respecting the es- 
“ tablishment of religion, or prohibiting the free exercise 
u thereof; or abridging the freedom of speech, or of the 
“ press ; or the right of the people peaceably to assemble, 
u and to petition the government for a redress of grievances.” 
■—Article 1, of Amendments. 

§ 564. To prevent the evils which had been known to flow 
from an alliance between the church and the state, and to 
secure to all, beyond question, the full and free enjoyment 
of religious freedom, all interference by the government in 
matters of religion, abridging in any degree the rights of 
conscience, by giving preference to any religious sect, is here 
expressly prohibited. Both religious and civil institutions 
are most secure, where religion derives no other support 
from government than what it receives from the protection 
of every citizen in its free exercise. But this protection it 
requires; for religious liberty cannot exist where its free 
enjoyment is not guarantied by law. 

§ 565. Freedom of speech and of the press is also essen¬ 
tial in a free state. The most odious restrictions had been, 
in some countries, laid upon the press. It was regulated 
by prohibitions and licenses from the government. Publica¬ 
tions, in some instances, were not allowed to be issued, until 
they had been approved by licensers. But as such restric¬ 
tions are inconsistent with true freedom, the liberty of the 
press and of speech has been effectually guarded in this 
country. But no person has a right to use this liberty to 
the injury of others in their good name or estate. 

§ 566. “ A well regulated militia being necessary to the 
“ security of a free state, the right of the people to keep and 
“ bear arms shall not be infringed.”— Art. 2. 

§ 567. To deprive the people of this right, would be noth¬ 
ing less than to surrender them to the mercy of invaders 
*from abroad and tyrants at home. 

§ 568. “ No soldier shall, in time of peace, be quartered 


is the first amendment ? § 564, 565. What are the objects of this ar¬ 
ticle ? § 566. What is the second article ? § 567. What is its object ? 
§ 568. What is the third article ? § 570. What right is secured by the 



AMENDMENTS TO THE CONSTITUTION. 


189 


" in any house without the consent of the owner, nor m time 
“ of war, but in a manner to be prescribed by law.”— 
Art. 3. 

§ 569. One of the grievances endured by the people of the 
colonies, and which was made the subject of complaint to 
the British king, was the quartering of large bodies of armed 
troops among them, to awe them into subjection. This cir¬ 
cumstance doubtless gave rise to this provision. 

§ 570. “ The right of the people to be secure in their per- 
“ sons, houses, papers, and effects, against unreasonable 
“ searches and seizures, shall not be violated ; and no war- 
“ rants shall issue, but upon probable cause, supported by 
“ oath or affirmation, and particularly describing the place 
“ to be searched, and the persons or things to be seized.”— 
Art. 4. 

§ 571. Nothing is more reasonable than that warrants for 
searches or seizures should not be issued except upon prob¬ 
able cause. A general authority given to an officer to search 
wheresover he pleases, or to arrest whomsoever he will, 
would expose many innocent persons to much annoyance 
and perplexity; and their characters might suffer from sus¬ 
picion of guilt, caused by the simple fact of their having been 
obliged to submit to such searches or seizures. 

§ 572. “ No person shall be held to answer for a capital 
“ or otherwise infamous crime, unless on a presentment or 
“ indictment of a grand jury, except in cases arising in the 
“ land or naval forces; or in the militia when in actual ser- 
“ vice in time of war or public danger; nor shall any per- 
“ son be subject, for the same offence, to be twice put in 
“ jeopardy of life or limb ; nor shall be compelled, in any 
“ criminal case, to be a witness against himself; nor be de- 
“ prived of life, liberty, or property, without due process of 
“ law ; nor shall private property be taken for public use 
“ without just compensation.”— Art. 5. 

§ 573. “In all criminal prosecutions, the accused shall 
“ enjoy the right to a speedy and public trial, by an impar- 
“ tial jury of the state and district wherein the crime shall 
“ have been committed; which district shall have been pre¬ 


fourth article ? § 571. Why is this provision necessary ? § 572, 573. 
What privileges are secured to persons charged with crime, by the fifth 



190 


GOVERNMENT OF THE UNITED STATES. 


“ viously ascertained by law ; and to be informed* of the na- 
“ ture and cause of the accusation; to be confronted with 
“ the witnesses against him; to have compulsory process 
“ for obtaining witnesses in his favor; and to have the as- 
N “ sistance of counsel for his defence.”— Art. 6. 

§ 574. The above provisions for the security and protec¬ 
tion of property and life, are founded on the principles of 
common law and common justice. Some of them have been 
noticed in the preceding part of this work, and the others are 
so easily understood, as to need no explanation. That which 
secures to a person accused of crime, the assistance of coun¬ 
sel for his defence has its origin in humanity, being designed 
for the benefit of those who have not the means of employ¬ 
ing counsel for themselves. In such cases, the courts as¬ 
sign to the accused party the necessary counsel, at the 
public expense. 

§ 575. “ In suits at common law, where the value in con- 
“ troversy shall exceed twenty dollars, the right of trial by 
“ jury shall be preserved; and no fact tried by a jury shall 
“ be otherwise re-examined in any court of the United States, 
“ than according to the rules of the common law.”— Art. 7. 

§ 576. “ Excessive bail shall not be required, nor ex- 
“ cessive fines imposed, nor cruel and unusual punishments 
“ inflicted.”— Art. 8. 

§ 577. Bail is intended as a privilege to persons arrested 
upon a charge of crime, by which they may enjoy the liber¬ 
ty of their persons until the time of trial. (§ 127.) But the 
sum in which a person shall be required to give bail, may be 
fixed so high as to render it impossible to procure the neces¬ 
sary sureties ; thereby depriving the prisoner of the benefits 
of this privilege, and often subjecting the innocent to a long 
confinement. As the proper amount of security depends 
upon the nature and aggravation of the offence, it is left to 
the court to determine the sum. For the same reason, the 
precise degree of punishment to be inflicted for crimes com¬ 
mitted, must be determined by the judge or court. 

§ 578. “ The enumeration, in the constitution, of certain 


and sixth articles ? § 575. What right is secured by the seventh ar¬ 
ticle ? § 576. What is provided by the eighth article ? § 577. What 
is its object ? § 578. What is declared in the ninth article ? § 579. 



AMENDMENTS TO THE CONSTITUTION. 191 

“ rights, shall not be construed to deny or disparage others 
“ retained by the people.”— Art. 9. 

§ 579. This article was designed to remove the scruples 
of many, whose solicitude for the rights of the states induced 
the ill-founded fear, that, because certain rights belonging to 
the people are enumerated in the constitution, those not in¬ 
cluded in the enumeration must, by natural inference, be 
considered as given up to the general government. 

§ 580. “ The powers not delegated to the United States 
“ by the constitution, nor prohibited by it to the states, are 
“ reserved to the states respectively, or to the people.”— 
Art. 10. 

§ 581. The design of this article is somewhat similar to 
that of the preceding. As the people are the original source 
of all power, and as the constitution is an instrument of 
limited powers, it follows as a consequence, that the powers 
not delegated to the general government, must remain with 
the people or the state governments. 

§ 582. It has been observed, that, under the confederation, 
each state retained every power not “ expressly delegated to 
the United States.” (§ 419.) It is worthy of note, that, 
in the above article, the word “ expressly” is omitted, in or¬ 
der to give a wider latitude of construction. For if this pro¬ 
hibition be allowed to exclude from the general government 
all powers not granted in express terms, it will not only nul¬ 
lify the “power to make all laws necessary and proper for 
carrying into execution all the powers vested by the consti¬ 
tution in the government of the United States,” but it would 
strike from the statute book as unconstitutional, a great 
number of the most necessary and wholesome laws. It is 
evident, therefore, that the article will not admit such a con¬ 
struction. (§ 420, 421.) 

§ 583. “ The judicial power of the United States shall not 
“ be construed to extend to any suit, in law or equity, com- 
“ menced or prosecuted against one of the United States, by 
“ citizens of another state, or by citizens or subjects of any 
“ foreign state.”— Art. 11. 


What is its object ? § 580. What is declared in the tenth article ? 
§581. What is the design of this article ? § 582. Wherein does this 

article differ from the confederation ? § 583. What is the subject of 



192 


GOVERNMENT OF THE UNITED STATES. 


§ 584. This article of amendment was proposed at the 
second session of the third congress, and duly ratified by the 
states. It was intended to prevent the liability of a state to 
be prosecuted by private persons, the citizens of other states. 
It does not, however, prohibit the supreme court from re¬ 
examining cases brought by appeal or by writ of error from 
a state court. It applies only to original suits against a 
state. 

§ 585. The 12th article of amendment, which changed 
the mode of electing the president and vice president, was 
proposed at the first session of the eighth congress. It will 
be found in its appropriate place, in the 2d article of the 
constitution. (§ 461.) 


the eleventh article ? § 585. To what does the twelfth article of amend¬ 
ment relate ? 




PART THIRD. 


CIVIL JURISPRUDENCE OF THE UNITED STATES 


CHAPTER I. 

Rights of Persons.—Absolute Personal Rights. 

§ 586. The rights of persons are usually considered to be 
of two sorts, absolute and relative. By absolute rights are 
meant those which belong to men as individuals or single 
persons, or those which would belong to their persons in a 
state of nature, and which every man is entitled to enjoy, 
whether out of society or in it. These rights are resolved 
into the right of personal security, the right of personal lib¬ 
erty, and the right to acquire and enjoy property. Rights 
called relative are those which are incident to men as mem¬ 
bers of society, and as standing in various relations to each 
other. 

§ 587. But although a distinction clearly exists between, 
these two classes of rights, they appear to be imperfectly dis¬ 
tinguished by the terms absolute and relative: because, the 
rights termed absolute, though they are founded in the law 
of nature, and are inherent and unalienable, may be forfeit¬ 
ed and lost by the commission of crime. Besides, what 
would be the rights of man, were he excluded from all so¬ 
ciety 1 The idea of right always presupposes some existing 
relation between persons. Both classes are therefore in 
some respects relative, and neither is in all respects absolute. 
Yet, as the one class, being founded in the primary, univer¬ 
sal, and permanent relations of social nature, cannot be 


Exercises. —§ 586. Into what two classes of rights are the civil 
rights of men considered to be divided ? What are absolute rights ? 
What are relative rights ? § 587. In what consists the difference be- 

17 


13 • 




194 CIVIL JURISPRUDENCE OF THE UNITED STATES* 

alienated by voluntary transfer; and as the other class arises 
from the civil and domestic relations, which a man has the 
liberty and capacity of forming and changing, they have been 
generally, and with a considerable degree of propriety, dis¬ 
tinguished as absolute and relative. 

§ 588. To protect mankind in the enjoyment of their rights, 
is the object of law. The law existing in this country, by 
which the rights of individuals are secured, is the common 
law of England , which was brought hither by our ancestors. 
This law has been adopted, and declared in force, by the 
constitutions of some of the states, and by statute in others ; 
and where it has not been so explicitly adopted, it is never¬ 
theless to be considered the law of the land, in all cases in 
which it has not been altered by statute or usage. 

§ 589. The absolute rights of personal security and per¬ 
sonal liberty, were privileges peculiarly dear to English free¬ 
men. The colonists claimed these privileges as natural and 
unalienable rights, of which they, as British subjects, could 
not be deprived. These rights were frequently asserted and 
declared during their colonial dependence; and provisions 
guarantying these rights have been transcribed from the fun¬ 
damental acts of the British parliament, into our national 
and state constitutions. 

§ 590. The personal security of every citizen is farther 
protected by the law by which a man, on showing reason¬ 
able cause, may require his adversary to be bound to keep 
the peace. And if violence has been committed, the offend¬ 
er may be prosecuted in behalf of he state, and punished ; 
and he is also bound to render to the party aggrieved com¬ 
pensation in damages. 

§ 591. The law affords additional protection to this right 
by permitting a man to exercise the natural right of self- 
defence. Homicide is pronounced justifiable in cases in 
which it is necessary in self-defence, against a person who 
comes to commit a known felony with force against one’s 
person, habitation, or property, or against the person or prop- 

tween absolute and relative rights ? § 588. By what law are these 

rights secured ? § 589. From what acts were the provisions securing- 

these rights transcribed into our constitutions ? § 590. How is the 

personal security of our citizens protected ? What is personal securi¬ 
ty < § 591. What additional protection is afforded ? What is homi 



PERSONAL RIGHTS. 


195 


erty of those who stand in near domestic relations. But 
homicide is not strictly justifiable in defence of a private 
trespass, nor upon the pretence of necessity, when the party 
is not free from fault in bringing that necessity upon himself. 

§ 592. Personal security includes the preservation of a 
man’s good name from injury by slander or detraction. The 
slander of a person by words, is a civil injury for which 
damages may be obtained. The injury consists in falsely 
and maliciously charging another with the commission of 
some public offence, or the breach of some public trust, or 
with any matter in relation to his trade or vocation, which, 
if true, would render him unworthy of employment; or with 
any other thing by which special injury is sustained. 

§ 593. A slander communicated by writing or printing, 
is calculated to have a wider circulation, to make a deeper 
impression, and to become more injurious. Words, there¬ 
fore, may be libellous if printed, which would not be action¬ 
able if spoken. (§ 256.) A libel is defined to be a mali¬ 
cious publication in printing or writing, signs or pictures, 
tending either to blacken the memory of one dead, or the 
reputation of one alive, and expose him to public hatred, 
contempt, or ridicule. And the law considers it a public as 
well as a private injury, and makes the offender both liable 
to a private suit for damages, and answerable to the state by 
indictment. 

§ 594. It is the established principle of the English law, 
that the truth of the matter charged as libellous, cannot be 
shown by way of justification ; because, whether true or false, 
it is equally dangerous to the public peace : and it is pre¬ 
sumed that the publication is made with a malicious intent. 
The judicial decisions seem to have established the same 
doctrine in this country, except where it has been controlled 
by constitutional and legislative provisions. 

§ 595. But to give a wider latitude to the liberty of the 
press, special provision has been made in several of the states 
by statute, and in others by their constitutions, in favor of 


cide? (See $ 728.) § 592. What is slander ? $ 593. What is the 
difference between slander and libel? What is a libel? How are 
these offences punishable ? § 594. Does it excuse a man, in law, to 
ehow the truth of the matter charged as libellous ? § 595. What ak 



196 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

giving the truth in evidence in public prosecutions for libels. 
The constitution of New York declares, that the truth may 
be given in evidence to the jury ; and that if it shall appear 
to the jury that the matter charged as libellous is true, and 
that it was published with good motives, and for justifiable 
ends, the party shall be acquitted. Public opinion in this 
country seems to be pretty generally in favor of this prin¬ 
ciple. 

§ 596. The opinion seems to prevail, that, in private ac¬ 
tions for damages, the truth may, in all cases, be pleaded in 
justification; inasmuch as private action rests upon the in¬ 
jury sustained. There exists, however, a contrariety of 
opinion on this point; and indeed, it is not easy to perceive 
any good reason for this distinction between cases of public 
and private prosecution. Justice would seem to require, that, 
in either case, the object of inquiry should be the good or 
evil intentions of the publisher. 

§ 597. The right of personal liberty is guarded with equal 
effect, by the national constitution, to which the laws and 
constitution of every state must necessarily conform. Every 
restraint upon a man’s liberty the law considers an impris¬ 
onment ; and whenever a person is detained with or without 
due process of law, unless for treason or felony specially ex¬ 
pressed in the warrant of commitment, or unless such per¬ 
son be a convict, or legally charged in execution; he is en¬ 
titled to his writ of habeas corpus. (§ 123.) 

§ 598. The statute of New York requires that the appli¬ 
cation for this writ shall be to the supreme court, or chan¬ 
cellor, or a judge of the court, or other officer having the 
powers of a judge at chambers; and that it be by petition, 
in writing, signed by or on behalf of the party. It must als^ 
state the grounds of the application; and the facts must be 
sworn to. If the person on whom the writ is served shall 
not promptly, without sufficient excuse, produce the party 
imprisoned, he is liable to be forthwith attached and com¬ 
mitted to close custody, until he shall have obeyed the writ. 


teration of the English law has been made in this country ? § 596. 
What various opinions prevail in this country on the subject of slander 
and libel? § 597. What is personal liberty? How is it secured? 
§ 598. What is a writ of habeas corpus ? How is this writ applied for, 



PERSONAL RIGHTS. 


197 


§ 599. If a person has been discharged upon habeas cor - 
pus , he cannot be reimprisoned for the same cause ; but it 
is not deemed the same cause, if the discharge was granted 
for the want of sufficient proof, or for a defect in some of the 
proceedings in the case. The law makes the reimprison¬ 
ment of a party duly discharged, a misdemeanor, subjecting 
the offender to fine and imprisonment, and a penalty of 
$1,250, to be paid to the party aggrieved. 

§ 600. Persons confined upon a criminal charge, who shall 
not have been indicted, must be discharged within twenty- 
four hours after the discharge of a grand jury of the county, 
unless cause be shown for the delay. And prisoners indict¬ 
ed, unless tried at the next court after the indictment is 
found, are entitled to be discharged, unless the public prose¬ 
cutor show satisfactory cause for delay. If there be good 
reason to believe that any person illegally confined, will be 
carried out of the state, before he can be relieved by habeas, 
corpus , both the prisoner, and the party detaining him, may 
be brought up for examination, before the court or officer 
authorized to issue the writ, to be dealt with according to 
law. The above provisions in relation to habeas corpus , 
from the Revised Statutes of New York, are, with some 
slight exceptions, the law of every state in the union. 

§ 601. Freedom of religious opinion and worship, is one 
of the absolute personal rights secured by the constitutions 
and laws of this country. The general government is ex¬ 
pressly prohibited from making any law respecting the 
establishment of religion, or prohibiting its free exercise, 
(§ 563,) and the state constitutions have adopted the same 
principle. 


granted, and served ? What is its effect ? § 599. In what cases may 
a man be reimprisoned, after a discharge; upon this writ ? § 600. What 
does the law farther provide respecting the confinement and discharge 
of persons imprisoned ? § 601. How is religious freedom secured ? 
17* 



198 CIVIL JURISPRUDENCE OF THE UNITED STATES. 


CHAPTER II. 

Domestic Relations.—Husband and Wife . 

§ 602 . Marriage, to be valid in law, requires the consent 
of parties capable of contracting. No persons are capable 
of binding themselves in marriage, until they have arrived 
at the age of consent, which, by the common law of the 
land, is fixed at fourteen years in males, and twelve in fe¬ 
males. Idiots and lunatics cannot legally contract mar¬ 
riage. 

§ 603. No person can remarry while the former husband 
or wife is living. Such second marriage is null and void, 
except in the following cases: when the husband or wife 
of the party who remarries, remains without the United 
States for five years together, or when one of the married 
parties shall have absented from the other for five succes¬ 
sive years, and the one remarrying not knowing that the 
other, who had been absent, was living within that time ; or 
when the person remarrying was, at the time of such mar¬ 
riage, divorced by the sentence of a competent court; or 
if the former husband or wife of the party remarrying had 
been sentenced to imprisonment for life. 

§ 604. In any but the above excepted cases, a second 
marriage is not only void, but in most, if not all of the 
states, it is a statute offence, punishable by imprisonment. 
Bigamy, more properly termed polygamy, is in some 
countries made a capital crime. Bigamy , in the strict sense 
of the word, is the crime of having two wives; but it is 
often used as synonymous with polygamy , which means the 
having of any number of wives or husbands more than 
one. 

§ 605. Though no penalty applies to the cases above 
excepted, yet, if the former husband or wife be living, though 
the fact be unknown, and there be no divorce duly pro- 


§ 602. At what ages are parties capable of contracting marriage ? 
Who cannot contract ? § 603. In what cases are second marriages 

lawful and valid, while the former husband or wife is living ? § 604. 

What are bigamy and polygamy ? How punished ? § 605. When 




DOMESTIC RELATIONS. 


199 


nounced, or the first marriage has not been duly annulled ; 
the second marriage is void. Where there is no statute 
regulation, the principle of the common law in all civilized 
and Christian countries, is, that nothing but death, or a 
decree of a competent court, can dissolve the marriage tie. 

§ 606. Marriage between near relatives is unnatural and 
unlawful, as leading to a confusion of rights and duties; 
but it is not easy to ascertain the precise point at which 
the laws of nature have ceased to discountenance the union. 
The statute of New York declares marriage between the 
ascending and descending lines, and between brothers and 
sisters of the half as well as the whole blood, to be inces¬ 
tuous and void, and to be indictable offences, punishable by 
imprisonment in a state prison for a term not exceeding ten 
years. 

§ 607. A simple consent of the parties is all that is re¬ 
quired to render marriage valid; and this consent may be 
declared before a magistrate, or simply before witnesses, or 
subsequently acknowledged; or it may be inferred from con¬ 
tinual cohabitation and reputation as husband and wife. 
Regulations have been made by law, in some of the states, 
for the due solemnization and proof of marriage ; but when 
such provisions have not been made, the contract is, in this 
country, under the government of the English common 
law. 

§ 608. A lawful marriage can be dissolved only by the 
death of one of the parties, or by divorce. In some of the 
states, no divorce is granted but by a special act of the 
legislature; in others, intolerably ill usage, or wilful deser¬ 
tion, or unheard of absence, will authorize a decree for a 
divorce. 

§ 609. The husband and wife are in law regarded as one 
person; and the husband, upon marriage, becomes seised 
of the freehold of his wife, and takes the rents and profits 
during their joint lives. It will be an estate in him for his 


ifl a second marriage void, even in the above excepted cases ? § 606. 

What marriages are, by the laws of New York, declared incestuous 
and void ? How punished ? § 607. What renders a marriage con- 

tract valid ? § 608. By what authority, and for what causes, may 

divorces be granted ? § 609. What effect has marriage upon tbtf 



200 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

own life, if he shall die before his wife ; and in that event* 
she takes the estate again in her own right. If the wife 
dies first, and there are no children, her heirs succeed im¬ 
mediately to the estate. If there has been a child born 
alive, the husband takes the estate for lffe, and on his death* 
it goes to the wife or her heirs. During the continuance 
of the life estate of the husband, he sues in his own name 
for an injury to the profits of the land ; but for an injury to 
the inheritance, the wife must join in the suit. 

§ 610. The husband acquires, by marriage* a right to 
all the chattels real of his wife, as leases for years; and 
he may, without her, sell, assign, or otherwise dispose 
of the same as he pleases ; and they may be sold on exe¬ 
cution for his debts. If he makes no disposition of the 
chatties real in his life time, he cannot devise them by will; 
and the wife, after his death, takes them in her own right. 
If he shall survive his wife, he will acquire an absolute right 
to such chattels real. 

§ 611. All other personal property also, belonging to the 
wife at the time of her marriage, becomes the property of 
the husband ; and on his death, it goes to his representa¬ 
tives. And he has power to sue for debts due to her by 
bond, note, or otherwise, which are termed choses in ac« 
tion; and when recovered and reduced to possession, the 
money becomes his own. 

§ 612. The husband is answerable for her debts before 
coverture; but if they are not recovered during coverture, 
he is discharged. Coverture is the condition of a married 
woman, who, by the laws of the land, is in the power of the 
husband. If the husband dies before the debts are collected* 
his representatives are not liable ; but the wife remains liable 
after her husband’s death. 

§ 613. The husband is bound to provide for his wife the 
necessaries suitable to her situation, and his condition in 
life; and he is obliged to pay any debts which she may 
contract for such necessaries : but for any thing beyond 


real estate of a wife ? § 610. What effect upon her chattels real ? 
§ 611. What effect upon her personal property ? What are choscs in 
action ? § 612. Is a husband liable to pay the debts of his wife con¬ 
tracted before marriage ? What is coverture ? § 613. In what cases 



DOMESTIC RELATIONS. 


201 


necessaries, he is not chargeable. If the husband abandons 
his wife, or they separate by consent, or if he sends her 
away and refuses to provide for her wants ; or, if she be so 
treated as to afford reasonable cause for her to leave his 
house ; he is liable to fulfil her contracts for necessaries, 
even though he should have forbidden persons to trust her. 
If they live together, and the wife goes beyond what is pru¬ 
dent and reasonable, the tradesman trusts the wife at his 
peril. 

§ 614. A husband, dying in the lifetime of his wife, may, 
by will, cut her off from all his estate but a right of dower; 
that is, the right to have, for life, the use of one third of all 
the real estate which he owned during marriage, and whereof 
she has not barred herself by joining with him in a deed. 
A wife cannot devise her land by will; but she may dispose 
by will, or by act in her lifetime of her separate personal 
estate, settled upon her, or held in trust for her. A will 
made by a female while single, who afterwards marries, be¬ 
comes void. 

§ 615. Settlements made upon a wife, in pursuance of an 
agreement in writing, entered into before marriage, are 
valid both against creditors and purchasers. A settlement 
after marriage may be good, if made upon a valuable con¬ 
sideration. A voluntary settlement after marriage upon a 
wife or children, without a valid agreement previous to the 
marriage, is void against creditors. But if the person be 
not indebted at the time, the settlement, if made without 
fraudulent intent, is good against after creditors. 

§ 616. The husband and wife cannot be witnesses for or 
against each other ; but when the wife acts as her husband’s 
agent, her declarations may be admitted in evidence to charge 
the husband. 

§ 617. A wife has no remedy for ill treatment from her 
husband till his conduct becomes criminal. And if she can 


is a husband liable for contracts made by his wife ? § 614. What are 
their powers respecting the disposal of property by will or otherwise ? 
$ 615. How may settlements upon a wife be made valid ? § 616. 
May husband and wife be made to witness for or against each other ? 
§ 617. What remedy does the law provide against ill treatment from 
her husband ? 



202 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

make oath before a magistrate, that she is in fear of personal 
violence, he may be required to give bonds to keep the peace. 
But as the husband is the guardian of the wife, and bound 
to protect and maintain her, the law gives him a reasonable 
superiority and control over her person ; and, if her con¬ 
duct be such as to require it, he may even put gentle re¬ 
straints upon her liberty. 


CHAPTER III. 

Parent and Child — Infants—Guardian and Ward—Master 
and Apprentice—Hired Servants . 

§ 618. The duties of parents to their children, as being 
their natural guardians, consist in maintaining and educating 
them during the season of youth and infancy; and the 
parent is obliged, during the minority of the child, which, 
in law, means infancy , or, of an age under twenty-one years, 
to provide for his support and education ; and he may be 
sued for necessaries furnished under just and reasonable 
circumstances. The father is bound to support his minor 
children, if he be of ability, even though they have property 
of their own; but this obligation, in such a case, does not 
extend to the mother. 

§ 619. The legal obligation of a father to maintain his 
child, ceases as soon as the child is of age, unless the child 
becomes chargeable to the public as a pauper ; but the hus¬ 
band is not liable for the maintenance of the child of his 
wife by a former husband, nor for the support of his wife’s 
mother. But if he takes the wife’s child into his own 
house, he is responsible for the maintenance and education 
of the child so long as it lives with him. 

§ 620. A father is not bound by the contract of his son, 


§ 618. What are the duties of parents to their children ? What is 
meant by the minority of a child ? § 619. How far does a father’s 
obligation to maintain his own, or his wife’s children,\extend ? § 620. 
How far is he bound for his Bon’s contracts ? What authority has lie 




DOMESTIC RELATIONS. 203 

even for articles suitable and necessary, unless an ac* 
tual authority be proved, or the circumstances be sufficient 
to imply one ; or unless a clear omission of duty on the 
part of the father renders assistance to the child necessary. 
The father has a right to the labor or services of his chil¬ 
dren, and he may sue any other person for the value of their 
labor performed for such person. The father is also en¬ 
titled to the custody of their persons ; and when they are 
improperly detained, he may obtain such custody by writ of 
habeas corpus. 

§ 621. Parents have a right to exercise all discipline 
necessary for the discharge of the duties they owe to their 
children. But courts of justice may, when the morals, or 
safety, or interests of the children require it, withdraw in¬ 
fants from the custody of their parents, and place them 
elsewhere. 

§ 622. The duties of children to their parents, are obedi¬ 
ence and assistance. In the absence of any authority in 
the common law to enforce these duties, the Revised Statutes 
of New York have provided, that a parent may, by will, 
disinherit his ungrateful children ; and compel the children, 
if they are able, to support and relieve their poor, lame, old, 
or impotent parents, who cannot maintain themselves. 

§ 623. Infants or minors , can do no act to the injury of 
their property, which they may not avoid or rescind, when 
they arrive at full age. Minors who contract debts, will be 
obliged to pay them, if they promise to do so, after they 
•shall have become of age. Contracts for necessaries are 
binding upon an infant; and he may be sued and charged 
in execution on such contract, provided the articles were 
necessary under the circumstances in which he was placed. 
But if he lives with his father or guardian, whose care and 
protection are duly exercised, he cannot bind himself even 
for necessaries. 

§ 624. Minors are answerable for crimes ; and they may 


Sls to the labor and persons of his children ? § 621. When may 

children be taken from their parents ? § 622. Under what obligations 

are children to their parents ? § 623. What are the powers and obli¬ 
gations of infants, or minors, as to contracts ? § 624. May minors 

be punished for crimes ? How are their contracts affected by their 



204 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

be indicted and tried. Infancy does not protect fraudulent 
acts. If a minor takes an estate, and agrees to pay rent, 
he will be liable for its payment when lie shall have arrived 
at his majority. If he receives rents, he cannot demand 
them again when of age. If he pays money on contract, 
and enjoys the benefit of it, and then avoids it when he 
comes of age, he cannot recover back the consideration 
paid. And if he avoids an executed contract when he 
comes of age, on the grounds of infancy, he must restore 
the consideration. 

§ 625. The relation of guardian and ward, is nearly the 
same as that of parent and child. A father may dispose 
of the custody and tuition of his child during his minority, 
or for a less time, to another person, who thereupon becomes 
the guardian , and the infant is called ward. By the statute 
of New York, a minor having no guardian, may, at the age 
of fourteen years, apply to a surrogate for the appointment 
of such guardian as the minor may nominate; If the minor 
be under the age of fourteen years, a relative or other per¬ 
son, in his behalf, may so apply for the appointment of a 
guardian. A guardian who has charge of a minor’s prop, 
erty, as well as of his person, is required to keep safely 
such property, and to deliver the same to his ward when he 
arrives at full age. 

§ 626. By the statute of New York, male infants, and 
unmarried females under eighteen years of age, with the 
consent of proper persons, may bind themselves, in writing, 
to serve as apprentices to some art or trade; if males, until 
the age of twenty-one years, and if females, until the age 
of eighteen years, or for a shorter time. Consent shall be 
given by the father; or, if dead, or not in legal capacity, 
by the mother; and if she refuse, or be not in legal capacity, 
then, by a guardian duly appointed; or, if there be no 
guardian or other person, by the overseers of the poor, or 
two justices of the peace of the town, or a judge of the 
county court. 

§ 627. County superintendents of the poor may bind 


becoming of age ? § 625. What is the relation between guardian 

and ward ? How is this relation created ? § 626. To what age, and 
by whose consent, may apprentices be bound ? $ 627. What obliga- 



REAL PROPERTY. 


205 


out any child under the ages above specified, who may be 
sent to the county poor house, or who is become charge¬ 
able to the county. In all indentures by the officers of any 
town or county, binding poor children as apprentices or 
servants, a covenant must be inserted to teach them to read 
and write: and if a male, the general rules of arithmetic. 
For refusal to serve and work, infants may be imprisoned 
in jail, until they shall be willing to serve as apprentices or 
servants. The above law in relation to master and appren¬ 
tice, is supposed to contain the substance of the English 
statute law on the subject. 

§ 628. The relation between a master and a hired ser¬ 
vant, rests altogether upon contract. The one is bound to 
render the service, and the other to pay the stipulated 
consideration. But if the servant hired for a definite term, 
leaves the service before the end of it without reasonable 
cause, he loses his right to wages for the period he served. 
And he may be dismissed for cause, before the expiration 
of the term. The master is bound by the acts of his 
servant, in respect either to contracts or injuries, when the 
act is done by the authority of the master. If the servant 
does an injury fraudulently, while in the employment of his 
master, both have been held liable in damages; and if a 
servant employs another servant to do his business, and, in 
doing it, the servant so employed is guilty of an injury, the 
master is liable. 


CHAPTER IV. 

Right of Property.—Real Property. 

§ 629. A material object of government is to secure 
the right to acquire property, and to make use of it. 


tions are imposed upon masters and apprentices in indentures by pub¬ 
lic officers ? § 628. What relation subsists between a master and hired 
servant ? How far is the former bound by the contracts of the latter ? 
§ 629. What is real property ? Personal property ? § 630. How 

18 




206 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

Property, is either personal or real; the former consisting 
of what is movable from place to place, the latter, of 
lands and things built or growing thereon. Fruit, grain, 
trees, minerals, &c. become personal property, when sepa¬ 
rated from the land. 

§ 630. Every citizen of the United States is capable of 
holding lands, and of taking the same by descent, devise, or 
purchase, and of aliening or conveying away such estate. 
Estates in land are divided into estates of inheritance, estates 
for life, estates for years, and estates at will and by suf¬ 
ferance. An estate of inheritance is termed a fee simple, or 
fee. A fee is an estate of inheritance in law, belonging to 
a person, and transmissible to his heirs. No estate is 
deemed a fee, unless it may continue forever. Fee simple 
is a pure inheritance, clear of any qualification or condition, 
and gives a right of succession to all the heirs generally, 
provided that they shall be of the blood of the first pur¬ 
chaser, and of the person last seised. 

§ 631. An estate for life, is an estate conveyed to a 
person for the term of his natural life. Estates for life and 
estates of inheritance, are called freeholds . An estate for 
years is a right created by a lease, or a contract for the 
possession and profits of land, for a determinate period, with 
the recompense of rent. An estate at will is where one 
man lets land to another, to hold at the will of the lessor. 
An estate at sufferance is where one has come into the pos¬ 
session of land by lawful title, but holds over by wrong, 
after his interest has ceased. He is not entitled to notice 
to quit, and he is not liable to pay rent. The landlord may 
dispossess such tenant whenever he pleases. 

§ 632. The real estate of any person who shall die with¬ 
out devising the same, shall descend in the following man¬ 
ner : (1.) to his lineal descendants ; (2.) to his father; (3.) 
to his mother; and (4.) to his collateral relatives. If any 
of the children of an intestate be living, and any be dead, 


are estates in land divided ? What is an estate of inheritance ? What 
is meant by a fee in this use of the term ? Has the word fee any 
other meaning ? § 631. What is an estate for life ? An estate for 
years ? An estate at will ? An estate by sufferance ? § 632. What 
is the order in which the real estate of an intestate descends to his 



HEAL PROPERTY. 


207 


the inheritance shall descend to the children living, and to 
the descendants of those who are dead ; so that such de¬ 
scendants may inherit the share which their parent would 
have received, if living. 

§ 633. If the intestate shall die without lawful descend¬ 
ants, and leave a father, the inheritance goes to the father, 
unless the inheritance came to the intestate on the part of 
the mother. If he leaves neither father nor descendants, 
the inheritance descends to the mother; but if he leaves 
also a brother or sister, the mother holds it only during her 
life ; and on her death, it descends to his brothers and sisters 
or their descendants. If he leaves neither descendants nor 
father nor mother, the estate descends to his brothers and 
sisters or their descendants. 

§ 634. But if there be no heir to take the inheritance in 
either of the above cases, the same shall descend to the 
brothers and sisters of the father, if the property shall 
have come to the intestate on the part of the father. If 
his father has no brothers and sisters, the estate descends to 
brothers and sisters of his mother. If the property comes 
to the intestate on the part of his mother, her brothers and 
sisters have precedence; and if the inheritance has not 
come to the intestate, on the part of either the father or 
mother, it descends, in equal shares, to the brothers and 
sisters of the intestate. 

§ 635. Persons become possessed of real estate in various 
ways ; but evidence of such possession consists, usually, in 
a writing called a deed, signed and sealed by the person who 
had a right to execute it, acknowledged by a proper person, 
and recorded in the public registry. Every deed conveying 
real estate, though it is, when duly executed, binding as be¬ 
tween the parties, is nevertheless void as against any person 
who may subsequently purchase the conveyed estate in 
good faith, and for a valuable consideration, and whose deed 
shall be first recorded. Deeds, mortgages, and other securi¬ 
ties in the nature of mortgages, are recorded by the clerks 
of the several counties in books prepared for that purpose. 


heirs ? 633, 634. What is the order of descent when the intestate 

has no lawful descendants ? § 635. How is the proof of the title ta 

real estate obtained ? What is the effect of a deed without being re- 



208 CIVIL JURISPRUDENCE OF THE UNITED STATES. 


§ 636. A mortgage is the conveyance of an estate, by 
way of pledge for the security of debt, and is to become 
void on the payment of it. The condition upon which the 
land is conveyed, is usually put in the deed of conveyance, 
but the condition, or defeasance, may be contained in a 
separate instrument; and if the deed be absolute in the 
first instance, and the defeasance be executed subsequently, 
it will relate back to the date of the principal deed, and 
connect itself with it, so as to render it a security in the 
nature of a mortgage. 

§ 637. In order, however, to render the deed a security 
against subsequent purchasers and mortgagees, the deed 
and defeasance should be recorded together. An omission 
to have the defeasance registered, would make the estate, 
which was conditional between the parties, absolute against 
every person but the original parties and their heirs. The 
practice of placing the conveyance in fee, and the condition 
or defeasance which is to qualify it, in separate instruments, 
is liable to accidents and abuse, and injury to the mort¬ 
gagee, and should be discouraged. 

§ 638. When the condition of a mortgage shall have 
been fulfilled, the person in whose custody it may be, shall 
cause it to be discharged, whenever there shall be presented 
to him a certificate, signed by the mortgagee, acknowledged 
or proved, and certified as the law prescribes to entitle con¬ 
veyances to be recorded, specifying that the mortgage has 
been paid. And every certificate of discharge shall be 
recorded. 

§ 639. When a deed or a mortgage has been executed, 
before it shall be recorded, the party executing it must 
acknowledge, before a commissioner of deeds, that he exe¬ 
cuted the same; and the commissioner subscribes a certifi¬ 
cate of the acknowledgment on the margin or back of the 
instrument. In New York, commissioners of deeds, of 


corded ? § 636. What is a mortgage ? How is it executed ? § 637. 
What rule is to be observed in the registering or recording of a deed 
of mortgage, and the defeasance ? § 638. How is a mortgage dis¬ 
charged, when its conditions are fulfilled ? § 639. What is essential 

to a deed or mortgage before it is recorded ? By whom are acknowl¬ 
edgments taken ? 



PERSONAL PROPERTY. 


209 


whom there are at least two in each town, are appointed 
by the board of supervisors and judges of the county courts. 
Judges of the several courts in the state, also, are authorized 
to take such acknowledgments. If a married woman 
signs a deed, the acknowledgment must be made to the 
commissioner apart from her husband, that she executed 
the same freely, and without compulsion from her husband. 
If any married woman refuses to execute a conveyance, she 
retains her estate in dower against any person claiming the 
conveyed premises. 


CHAPTER V. 

Personal Property.—Contract of Sale. 

§ 640. Personal property is divided into chattels real 
and personal. Chattels real concern the reality, as a lease 
for years of land ; and the duration of the time is imma¬ 
terial. It is only personal estate, if it be for a thousand 
years. There are, also, many chattels which, though of a 
movable nature, yet, being attached to the freehold, and 
contributing to its value and enjoyment, go with it; as the 
shelves and fixtures in a house, and the posts and rails of 
an enclosure. But many things are now treated as per¬ 
sonal property which seem, in a degree, to be attached to 
the freehold. 

§ 641. It has been established as a general rule, that 
things which a tenant has fixed to the freehold, for the pur¬ 
poses of trade or manufactures, may be removed, when the 
removal does not cause any material injury to the estate. 
Thus fats, coppers, tubs, and partitions belonging to a soap 
boiler, have been removed. Chimney pieces, and even 
wainscot, put up by a tenant, or a cider mill and press 
erected by him, may be removed, if it can be done without 


§ 640. What is personal property ? What are chattels real? § 641. 
What chattels attached to a freehold may be removed ? and what 

18 * 


14 




210 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

material injury to the freehold. On the other hand, iron 
stoves, fixed to the brick work of the chimneys of a house,, 
have been adjudged to pass with the house as a part of the 
freehold. The right of removal depends upon the mode of 
annexation of the article, and the effect which its removal 
would have upon the premises. 

§ 642. A title to personal property may be acquired in 
various ways. A person has a right to all that his prop¬ 
erty produces. Such are the fruits of the earth, the increase 
of animals, and the increase of stock invested in trade or 
manufactures. Property is also acquired by one’s own act 
or power; as his literary property, consisting of maps, 
writings, and books, mechanical inventions, produced by his 
intellectual and manual labor. Goods and chattels are 
obtained also by transfer by act of law ; as by judgment on 
a recovery by law in an action of trespass or trover; and 
by gift, which, in some cases, gives a valid title. 

§ 643. To give validity to a gift, there must be a delivery, 
at least so far as the subject is capable of delivery: if the 
thing cannot be delivered, there must be an act equivalent 
to it. The donor must part with both the possession and 
dominion of the property. If the thing given be a chose in 
action , that is, a debt due by bond, note, or otherwise, the 
law requires an assignment, and the transfer must be ac¬ 
tually executed. And gifts of goods and chattels, as well 
as of lands, with intent to delay and defraud creditors, are 
void, as against the person to whom the fraud would be 
prejudicial. All deeds of gift, and all transfers or assign¬ 
ments of goods or things in action, made in trust for the 
use of the person making the same, are void, as against 
creditors, existing or subsequent. 

§ 644. It is a principle in law, that no man can be de¬ 
prived of his property without his consent; and that the 
honest purchaser is not safe under a ' defective title. No 
man can transfer to others the right to property which he 
does not himself possess. The title to property acquired 
by theft or violence,, does not pass from the true owner; 


may not ? § 642. In what ways may title to personal property be 
acquired ? § 643. In what cases are gifts valid ? In what cases are 

they void ? § 644. Can a man be deprived of his property without 



PERSONAL PROPERTY. 


211 


and he has a just claim to the property against any person 
purchasing the same. 

§ 645. Whether the possessor of land, who has taken 
possession in good faith, but who subsequently finds that his 
title was not obtained from the rightful owner, can recover 
the value of beneficial improvements which he may have 
made upon the land, is a question that has been much dis¬ 
cussed. It is said to be the English law, and the common 
law of this country, that the owner can receive his land by 
ejectment, without paying for the improvements made upon 
it. The improvements are considered as annexed to the 
freehold; and every possessor makes such improvements 
at his peril. 

§ 646. Conflicting opinions have been expressed on this 
point in the courts of England and of this country; and 
statute provisions exist in some of the states, allowing, in 
certain cases, to the occupant, compensation for the im¬ 
provements. But these are pronounced, by the author of 

Commentaries on American Law,” encroachments upon 
the rights of property, as known and recognized by the 
common law of the land. And he farther observes: “ There 
are but verj^ few cases in which a person may not, with 
reasonable diligence and cautious inquiry, discover whether 
a title be clear or clouded, and 4 let the buyer beware’ is a 
maxim of the common law, which is exceedingly conducive 
to the security of right and title.” 

§ 647. But private property must, in some cases, be made 
subservient to the public welfare. If a public highway be 
out of repair, a passenger may lawfully go through an 
adjoining private enclosure. It is lawful also, to demolish 
houses to prevent the spreading of a conflagration. The 
legislature has the control of private property for public 
uses. The Revised Statutes of New York authorize the 
cutting of roads through cultivated lands of individuals with¬ 
out their consent; provided it be done by town officers of 
their own appointment, upon previous application of twelve 


his consent ? § 645, 646. Can a person obtain compensation for im¬ 
provements which he has made on land which he has occupied under 
a defective title ? § 647. May private property ever be taken or used 

for the public welfare ? May it be taken without compensation 1 



212 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

freeholders; and the value of the lands, and amount of 
damages, must be assessed by a jury, and paid to the owner. 
It is an equitable provision in our constitutions, that private 
property shall not be taken for public use without just com¬ 
pensation. 

§ 648. A contract is an agreement between two or more 
persons, by which the parties agree to do, or not to do, a 
particular thing. Contracts are executory when the stipula¬ 
tions remain to be executed; or when one party agrees to 
sell and deliver, at a future time, for a stipulated price, and 
the other agrees to accept and pay. Contracts are express 
or implied. They are express, when parties contract in 
express words, or by writing; and implied, when an act 
has been done which shows that the parties must have in¬ 
tended to contract; as when a person employs another to 
do some service, it is presumed that the party employing 
intended to pay for the labor performed. 

§ 649. To render a contract binding, there must be a 
legal consideration ; something must have been payed, or 
something given or done, as an inducement to the fulfilment 
of the contract. A contract, to be valid, requires, (1.) 
that the thing sold has actually existence, and is capable of 
delivery ; (2.) that a price be fixed, or susceptible of being 
ascertained, without farther negotiation between the parties; 
and, (3.) that there be a mutual consent of the parties to 
the contract, which is binding when a proposition made by 
one of the parties is accepted by the other. 

§ 650. In the sale of a chattel as one’s own property, if 
it be at the time in the possession of another, and there be 
no covenant or warranty of title, the party buys at his peril. 
But if the seller has possession of the article, and he sells 
it as his own property, he is understood to warrant the title. 
A fair price implies a warranty of title. 

§ 651. With regard to the quality of the thing sold, the 
seller is not bound to make good any deficiency, unless he 


§ 648. What is a contract ? What is an executory contract ? When 
are they express, and when implied ? § 649. What is requisite to the 
validity of a contract ? § 650. What is the law concerning the 
warranty of title ? § 651. What concerning the quality of the 
property sold ? What is the law of moral obligation in this case ? 



CONTRACT OF SALE. 


213 


expressly warranted the goods to be sound and good, or 
unless he made a fraudulent representation concerning them. 
But moral obligation rests on every person knowingly to 
conceal no fault in an article he sells. And if there be an 
intentional concealment or suppression by one party of a 
material fact, in a case wherein the other has not equal 
access to means of information, the contract is void. But 
when both have equal means of information, and neither 
says nor does anything to impose on the other, a disclosure 
of facts is not necessary to make the contract valid. 

§ 652. When the terms of sale are agreed on, and the 
bargain is struck, the contract is absolute without the actual 
delivery ; and the property, and risk of accident to the 
goods, vest in the buyer. He is entitled to the goods on pay¬ 
ment or tender of the price, and not otherwise, when nothing 
is said at sale as to the time of delivery or the time of pay¬ 
ment ; for, though the vendee acquires the right of 'property 
by contract of sale, he does not acquire the right of pos¬ 
session , until he pays or tenders the price. But if the goods 
are sold upon credit, and nothing is said as to the time of 
delivering the goods, the vendee is immediately entitled to 
the possession. To make a contract of sale valid, there 
must be a delivery, or a tender of it, or payment, or tender 
of payment, an earnest given, or a memorandum in writing 
signed by the party to be charged ; and if nothing of this 
kind takes place, it is no contract, and the owner may dis¬ 
pose of his goods as he pleases. 

§ 653. The statutes of New York contain express pro¬ 
visions on the subject of contracts. No agreement that is 
not to be performed within one year from the time of mak¬ 
ing it; no special promise to answer for the debt, default, 
or miscarriage of another person; nor an agreement or 
promise upon consideration of marriage, except mutual 
promises to marry, shall be valid, unless such agreement, 
note, or memorandum thereof, expressing the consideration, 
be in writing, subscribed by the party to be charged. Con- 


§ 652. When does the buyer’s right of property commence ? When 
the right of possession ? What is necessary to render a contract of 
aale valid ? § 653. What contracts, in the state of New York, are 
required to be in writing ? 



214 CIVIL JURISPRUDENCE OF THE UNITED STATES. 


tracts for the sale of goods for the price of fifty dollars or 
more, are void, unless they be in writing; or unless the 
buyer receive a part of the goods or evidences, or pay, at 
the time, a part of the purchase money. 


CHAPTER VI. 

Bailment. 

§ 654. The word bailment is from bail, a definition of 
which has been given in another place. (§ 127.) Bailment, 
in law, is a delivery of goods in trust, upon agreement that 
the trust shall be executed, and the goods restored by the 
bailee, when the purpose of the bailment shall have been 
answered. 

§ 655. If a person receives goods to be kept for the 
bailor, and to be returned on demand, without recompense, 
he is to keep them with reasonable care ; and unless there 
be a special undertaking to the contrary, he is responsible 
only for gross neglect, or for a violation of good faith. 
Gross neglect is a want of that care which every man of 
common sense takes of his own property. If a person 
undertakes, without recompense, to do some act for another 
in respect to the thing bailed ; for instance, if he undertakes 
to carry an article from one place to another, he is respon¬ 
sible only for gross neglect, or a breach of faith. 

§ 656. Whether a mandatary renders himself liable for 
the non-performance of a gratuitous undertaking, is a ques¬ 
tion on which writers on common law differ in some degree. 
But perhaps the prevailing opinion among us is, that a 
mandatary, that is, one who undertakes to do an act for 
another without reward, is not answerable for omitting to 
do the act, but is responsible only when he attempts to do 
it, and does it amiss. In other words, he is responsible for 

§ 654. What is the meaning of bailment ? Of bailor and bailee ? 
§ 655. In what cases is a bailee liable for damages to goods kept for 
the bailor ? § 656. In what cases does a mandatary become liable ? 





OP BAILMENT. 


215 

misfeasance, but not for nonfeasance, even though special 
damages be averred. 

§ 657. If a person loans to another for use without re- 
ward, any article, as a horse, carriage, or book, and the 
article be lost or destroyed, without blame or neglect im¬ 
putable to the borrower, the owner must abide the loss. 
But the borrower must apply the thing to the use for which 
it was borrowed ; and he must not keep it beyond the time 
limited, nor permit another person to use it. 

§ 658. If property be pledged as security for a debt or 
engagement, the pawnee is bound to take ordinary care, and 
is answerable only for ordinary neglect ; and if the goods 
should then happen to be lost, he may, notwithstanding, re¬ 
sort to the pawnor for his debt. If he derives any profit 
from the use of the property, he must apply the profits, after 
deducting necessary expenses, towards the debt. 

§ 659. There is another species of bailment, the hiring 
of property for a reward. The hirer is bound to use the 
article with due care and moderation, and not to apply it to 
any other use, or detain it for a longer period than that for 
which it was hired. If the article be injured or destroyed 
without any fault on the part of the hirer, the loss falls on 
the owner, for the risk is with him. 

§ 660. In cases where work or care is bestowed on the 
thing delivered, for a recompense, the workman for hire 
must answer for ordinary neglect of the goods bailed, and 
apply a degree of skill equal to the undertaking ; for every 
man is presumed to possess the skill requisite to the due ex¬ 
ercise of the art or trade he assumes. If he performs the 
work unskilfully, he is responsible in damages. As, if a 
tailor receives cloth to be made into a coat, he is bound to 
perform it in a workmanlike manner. 

§ 661. Forwarding merchants are responsible for want 
of good faith, and of reasonable care and ordinary diligence, 
and not to any greater extent, unless the business and duty 
of carriers be attached to their other character. 


What is a mandatary ? § 657. How does a borrower become liable ? 

§ 658. What is the law in relation to property pledged or pawned ? 
§ 659. What in relation to property hired for a reward ? § 660. What 
in relation to articles on which labor is bestowed ? §661. What in 



216 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

§ 662. But with regard to innkeepers, the rule is more 
strict. In general, they are responsible for the acts of their 
servants and for thefts, and are bound to take all possible 
care of the goods and baggage of their guests, on the 
ground of the profit they receive for their entertainment. 
But the innkeeper is not considered responsible for loss oc¬ 
casioned by unavoidable accident, or by superior force, as 
robbery. 

§ 663. A person who carries goods for hire, in a particu- 
lar case, and not as a common carrier, is only answerable 
for ordinary neglect, unless he expressly assumes the risk 
of a common carrier. But if he be a common carrier, he 
is in the nature of an insurer, and is answerable for acci¬ 
dents and thefts, and even for loss by robbery. He is 
answerable for all losses, except in cases of the act of God r 
and public enemies. 

§ 664. Proprietors of a stage coach do not warrant the 
safety of passengers as common carriers ; they are respon¬ 
sible only for the want of due care. But as public carriers, 
they are answerable for the loss of a box or parcel of goods, 
though ignorant of the contents. But if the owner be guilty 
of fraud or imposition, a3 by concealing the value or nature 
of the article, or deludes the carrier by treating the parcel 
as of no value, he cannot hold him liable for the loss of his 
goods. Carriers by water are liable to the same extent as 
carriers by land. But the rule does not apply to postmasters,. 


CHAPTER VII. 

Principal and Agent. — Partnership. 

§ 665. Agency is founded upon a contract, expressed or 
implied, by which one party intrusts to the other the manage- 


relation to forwarding merchants ? § 662. What respecting innkeep¬ 
ers? $ 663. What respecting special and common carriers? § 664. 
What respecting proprietors of stage coaches ? Carriers by water ? 
Postmasters ? 

§ 665. Upon what is agency founded 1 How far is a prineipal bound 




PRINCIPAL AND AGENT. 


217 


ment of some business, and by which the other assumes to 
do the business, and to render an account of it. The acts 
of a general agent, or one employed by another to do his 
business of a particular kind, will bind his principal, so long 
as he keeps within the general scope of his authority, though 
he may act contrary to his private instructions. But an 
agent, constituted for a particular purpose, and under a limit¬ 
ed power, cannot bind his principal if he exceeds his power. 
The special authority must be strictly pursued; and whoso¬ 
ever deals with an agent, constituted for a special purpose, 
deals at his peril, when the agent passes the limits of his 
power. 

§ 666. If a person intrusts his watch to a watchmaker 
to be repaired, and the watchmaker sells the watch, the 
owner is not bound by the sale. A factor, or merchant, 
who buys and sells upon commission, or as agent for others, 
may sell on credit, and the principal must abide by the bar¬ 
gain, and the agent incurs no risk. There are some cases 
in which a factor sells on credit on his own risk; as when 
he acts for an additional premium; and the principal may 
call on him without first looking to the vendee. A factor 
cannot pledge the goods of his principal as security for his 
own debts. 

§ 667. If an agent would excuse himself from responsi¬ 
bility, he must show that he disclosed his principal when he 
made the contract, and that he acted on his behalf, so as to 
enable the party with whom he deals to have recourse to 
the principal, in case the agent had authority to bind him. 
And if tiie agent even buys in his own name, but for the 
principal, and without disclosing his name, the principal is 
bound as well as the agent, provided the goods come to his 
use. An agent, ordinarily, has no right, without express 
authority, to employ a sub-agent to do his business, without 
the knowledge or consent of his principal. 

§ 668. An agent has a right to retain possession of prop¬ 
erty until his demand shall be satisfied. This right is called 
a lien. A general lien is the right to retain property for a 


by the acts of his agent ? § 666. In what cases may a factor bind hi« 

principal ? In what cases does he act on his own risk ? § 667. What 
is necessary to exonerate an agent from responsibility ? § 668, What 

19 




218 CIVIL JURISPRUDENCE OP THE UNITED STATES. 

general balance of accounts; but a particular lien is a right 
to retain it only for a charge on account of labor employed, 
or expenses bestowed, upon the identical property detained. 
This is a privilege given by law to persons engaged in oc¬ 
cupations necessary for the accommodation of the public. 
Upon this ground common carriers and innkeepers have a 
lien on property intrusted to them. A tailor has a lien upon 
the cloth put in his hands to be worked up into a garment. 
But he cannot hold it for any debt previously contracted. 

§ 669. Partnership is a contract of two or more persons, 
to place their money, labor, or skill, in lawful commerce or 
business, and to divide the profit, and bear the loss, in cer¬ 
tain proportions. It is a partnership if one advances the funds, 
and another furnishes the personal services, and is to share 
in the profits. Though there be no express articles of co¬ 
partnership, if persons have a mutual interest in the profits 
and loss, or if they hold out themselves to the world as 
joint traders, they are held responsible as partners to third 
persons, whatever may be the nature of their connexion; 
and each member of the firm is answerable for the whole 
amount of the debts. But a party may by agreement re¬ 
ceive, by way of rent, a portion of the profits of a farm or 
tavern; or a clerk or agent may receive a portion of the 
profits of sales as a compensation for labor, without becom¬ 
ing a partner. 

§ 670. Parties must be jointly concerned in the future 
sale of their goods, in order to constitute a partnership. A 
joint purchase, with a view to separate and distinct sales by 
each person on his own account, is not sufficient. Several 
persons, not having contracted together as partners, may, by 
a common agent employed for the purpose, purchase goods 
in the name of one of them only, and divide the purchase 
among themselves, without becoming partners, or jointly 
answerable to the seller in that character, if they are not to 
be jointly concerned in the resale of their shares. If a pur¬ 
chase be made on separate account, and the interests of the 
purchasers be afterwards mingled, with a view to a joint 


is a lien ? In what cases are persons allowed this privilege ? § 669. 
What is a partnership ? Are express articles of copartnership ne¬ 
cessary to hold persons responsible as partners ? § 670. How may 



OF PARTNERSHIP. 219 

sale, the partnership commences at the time when the shares 
are brought into a common stock. 

§ 671. The members of an association may mutually 
agree, that any one of their number shall neither contribute 
his money or labor, nor partake of the profits; yet if he 
lends his name to the company, he becomes liable as a part¬ 
ner for the debts contracted. The parties may regulate 
their concerns as they please with regard to each other, but 
they cannot, by any agreement among themselves, release 
each other from their obligations as partners. This rule is 
founded on principles of general policy, and is calculated to 
prevent the frauds to which creditors would otherwise be 
exposed. A partner who should conceal his name so as not 
to be known as a partner when the debt is contracted, is 
equally liable when discovered, if he shares in the profits 
of the trade. 

§ 672. Incorporated companies are not, in law, partner¬ 
ships ; and the stockholders are not personally responsible 
for the debts or engagements of the company : their prop¬ 
erty is affected only so far as they have an interest in the 
company. 

§ 673. The act of each partner relating to the partner¬ 
ship, is considered the act of all, and binds all. But if a bill 
or note be drawn by one partner in his own name only, with¬ 
out appearing to be on partnership account, he alone is 
bound, though it were made for a partnership purpose. But 
if the bill be drawn by one partner in his own name, on the 
firm, or on partnership account, the act of drawing has 
been held to amount to an acceptance of the bill by the 
drawer in behalf of the firm, and to bind the firm as an 
accepted bill. 

§ 674. A partnership ceases as soon as the business is 
completed ; and if the partnership be without a definite pe¬ 
riod, any partner may withdraw when he pleases, and dis¬ 
solve the partnership; but if the terms of partnership be 


several persons jointly purchase goods without becoming jointly re¬ 
sponsible? What future act will make them partners? § 671. Can 
the members of an association, by any arrangement between them¬ 
selves, release each other from responsibility ? § 672. How far are 

stockholders in incorporated companies responsible ? § 673. How far 

is one partner bound by the acts of the others ? § 674. How and when 



220 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

definite, it cannot be dissolved before the expiration of the 
term, without the mutual consent of the partners, except by 
the death, insanity, bankruptcy, or some other inability of 
one of the parties, or by judicial decree of the court of chan¬ 
cery in certain cases. 

§ 675. In the state of New York, there is a law by which 
limited partnerships may be formed, consisting of one or 
more persons jointly and severally responsible, who are call¬ 
ed general partners, and one or more persons who furnish 
certain funds to the common stock, but who are liable only 
for the amount of the fund furnished, and who are called 
special partners. The names of the special partners are 
not to be used, nor do they transact any business for the 
firm. Before such a partnership can act, a register thereof, 
with a certificate signed by the parties, must be registered in. 
the clerk’s office of the county; and the terms of the part¬ 
nership must be published for six weeks. Due publication 
must also be made, for four weeks, of the dissolution of the 
partnership by the act of the parties, prior to the time spe¬ 
cified in the certificate. 


CHAPTER VIII. 

Bills of Exchange.—Promissory Notes . 

§ 676. A hill of exchange is a written order or request, 
from one person to another, to pay to a third person a cer¬ 
tain sum of money. If A, living in New York, wishes to 
receive $1000, which await his orders in the hands of B, 
in London, he applies to C, going from New York to Lon¬ 
don, to pay him $1000, and take his draft on B for that sum, 
payable at sight. This is an accommodation to all parties. 


may partnerships be dissolved, before the expiration of the stipulated 
term ? § 675. What law exists in New York in relation to general 
and special partners ? 

§ 676. What is a bill of exchange ? Give an example to illustrate 
its operation. Which party is the drawer ? The drawee ? The ac 




BILLS AND NOTES. 


221 


A receives his debt by transferring it to C, who carries his 
money across the Atlantic, in the shape of a bill of exchange, 
without danger of robbery or loss; and on his arrival at 
London, he presents the bill to B, and is paid. A, who 
draws the bill, is the drawer; B, to whom it is addressed, is 
the drawee ; and, on accepting it, he becomes the acceptor . 
C, to whom the bill is made payable, is called the payee . 
As the bill is payable to C, or his order , he may, by en¬ 
dorsement, direct the bill to be paid to D. In that case C 
becomes the endorser , and D, to whom the bill is endorsed, 
is called the endorsee , or holder. 

§ 677. A check is, in form and effect, a bill of exchange. 
It is not a direct promise on the part of the drawer to pay; 
but he is answerable if the drawee fails to pay. A check 
payable to bearer , passes by delivery: and the bearer may 
sue on it as on an inland bill of exchange. 

§ 678. No precise time is fixed by law for presenting bills 
to the drawee for acceptance. A bill payable at a given 
time after date, may be presented at any time before the day 
of payment; but if presented, and acceptance be refused, 
it is dishonored, and notice must be given to the drawer. 
A bill payable sixty days after sight, means sixty days after 
acceptance; and such a bill, as well as a bill payable on de¬ 
mand, must be presented in a reasonable time, or the holder 
must bear the loss proceeding from his neglect. 

§ 679. The acceptor of a bill is the principal debtor; 
and the drawer is the surety; and nothing will discharge 
the acceptor but payment or a release. If the acceptor 
alters the bill on accepting it, and the holder consents to 
the alteration, it is a good bill as between the holder and 
acceptor, but it is vacated as against the drawer and en¬ 
dorsers. 

§ 680. A promissory note is a written promise to pay or 
deliver to another a sum of money. If it be made payable 
to him or his order, or to bearer, it is called negotiable; 
and it may be sold or transferred to any other person, who 


ceptor ? The payee ? The endorser ? The endorsee ? § 677. What 
is a check ? What is its effect ? § 678. How soon after they are 

drawn must bills be presented ? § 679. What is the effect of altering 

a bill by the acceptor ? § 680. What is a promissory note ? When 

19 * 



222 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

has the same authority to sue for and collect the money, as 
the original promisee. When a note is payable to bearer , 
it passes without endorsement; but when it is payable to a 
person or his order , such person, the promisee, must endorse 
it by writing his name on the back of it, before any other 
person can receive the money. If the name of the payee 
or endorsee be left blank, any bona fide holder may insert 
his own name as payee. The words value received are 
usually inserted in a note, but the note is good without 
them. 

§ 681. If a bill has been accepted, demand of payment 
must be made when the bill falls due ; and it must be made 
by the holder or his agent upon the acceptor, at the place 
appointed for payment, or at his residence, or upon him 
personally, if no particular place be appointed. The ac¬ 
ceptor is allowed three days after the bill falls due, to pay; 
which are called days of grace. Three days of grace ap¬ 
ply also to promissory notes. A bill or note payable on 
demand, or in which no time of payment is expressed, is 
not entitled to the days of grace. 

§ 682. If the third day of grace falls on Sunday, or some 
other day of public rest, the demand of payment must be 
made on the day preceding. If the demand be not made 
on the last day of grace, the drawer of a bill, and endorser 
of a note, are discharged. As to the particular time of the 
day at which the demand must be made, it is said to be un¬ 
seasonable to demand payment before the expiration of the 
day; but this question is governed, in a degree, by the 
custom of the place ; and if, in a commercial city, pay¬ 
ments are to be made at the banks, demand must be made 
within bank hours. 

§ 6S3. The holder of a note can recover upon it, though 
he received it of a person that had stolen or robbed it from 
the true owner ; provided he took it innocently, in the course 
of trade, for a valuable consideration, and with due caution. 


is it negotiable ? What is the difference between its being payable 
to bearer and to a person’s order ? §681. When and where must 

payment be demanded on accepted bills ? In what cases are three 
days of grace allowed on notes and bills ? § 682. What is the con¬ 

sequence of neglecting to demand payment on the last day of grace ? 
§ 683. In what cases are notes void ? What is usury ? § 684. How 



BILLS AND NOTES. 


228 


There are said to be but two cases in which a bill or note 
is void in the hands of an innocent endorsee or holder : one 
is when the note is given for money lost at gaming; and 
the other, when it is given for a usurious debt. Usury is 
an agreement, upon the loan of money, to receive the same 
again with a greater interest than that which is fixed by 
law. 

§ 684. The acceptance of a bill may be in writing, or by 
parol. Parol means, assurance given by word. If a per¬ 
son, in writing, authorizes another to draw a bill, and stipu¬ 
lates before the drawing of the bill, to honor it after it shall 
have been drawn ; and if the bill be afterwards drawn, and 
taken by a third party; it amounts to an acceptance. A 
parol promise to accept a bill already drawn, or thereafter 
to be drawn, is binding if the bill be purchased in consider¬ 
ation of the promise. In the state of New York, how¬ 
ever, it is specially provided, that no acceptance is binding, 
unless it be in writing. 

§ 685. If a note be made payable in any species of prop¬ 
erty other than cash, it is not negotiable. If such note be 
not paid according to the conditions therein expressed, the 
maker becomes liable to pay the same in cash. But in 
either case, if it passes to a third person, he can sue it only 
in the name of the person to whom it was executed, who is 
allowed to offset any account or claim which he may have 
against the promisee. And any note, if it be taken after 
it is become due, the buyer takes at his risk; and the 
promisor may offset against it any payment which he may 
have made to the original holder. 

§ 686. That the drawer and endorsers of a negotiated 
note or bill may be held responsible, the holder must show 
that a demand has been made, or that due diligence has 
been used to get the money of the maker of the note, or the 
drawee of a bill; and he must also give reasonable notice of 
their default to the drawer and endorsers. The object of 
this notice is to afford an opportunity to the drawer and en¬ 
dorsers, to obtain security from those to whom they must re- 


must the acceptance of bills be signified ? What is parol ? § 685. 
What is the nature of a note not payable in cash ? § 686. What is 

requisite to hold drawers and endorsers of negotiated paper responai- 



224 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

sort for indemnity. The notice must be given by the first 
convenient, practicable mail that goes on the day next to the 
third day of grace; or, it must at least be put into the post 
office for that purpose, if possible. Where the parties live 
in the same town, personal notice must be given, or a special 
messenger must be sent to the dwelling house or place of 
business of the party to be charged. 

§ 687. Agents are appointed in all commercial places, 
called notaries public. When a foreign bill is to be pre¬ 
sented for acceptance or payment, the demand is usually 
made by a notary; and in case of refusal, his certificate of 
the presentment of the bill, and of the refusal, is legal proof 
of the fact in any court. This certificate is called a pro¬ 
test, which means, for proof. A protest must be noted on 
the day of the demand ; but it may be drawn up in form at 
a future period. A bill drawn in one state, upon a person 
in another, seems to be regarded as a foreign bill requiring 
a protest. 

§ 688. But notaries may also demand acceptance and 
payment of inland bills of exchange, and promissory notes, 
and protest the same for non-acceptance or non-payment. 
No protest, however, is legal evidence in court, except in 
the case of a foreign bill of exchange. Yet it is expedient, 
in many cases, to employ notaries, when evidence is to be 
preserved, because they are easily to be found when wanted 
as witnesses. And in the state of New York, the original 
protest of such notary, under seal, is evidence, in case of 
his death, insanity, or absence, so that his personal testimony 
cannot be obtained. Notaries in this state are appointed 
by the governor and senate wherever they shall think 
proper. 


ble ? How must the notice be served ? § 687. What is a notary 
public ? What are his duties ? What is a protest ? § 688. May- 

notaries demand payment on inland bills and promissory notes ? In 
what cases is a protest admitted as evidence in courts of law ? 




SIGHTS OF LANDLORD AND TENANT. 225 

CHAPTER IX. 

Rights of Landlord and Tenant. 

§ 689. As special enactments have been made in all, or 
nearly all of the states, in respect to the rights of landlord 
and tenant, and as the laws of all the states cannot be given, 
this chapter has been taken from the Revised Statutes of 
New York. Although the law of this state differs, in many 
of its details, from the laws of other states, the most essen¬ 
tial of the provisions which here follow, may be considered 
the common law of this country. 

§ 690. Every contract for leasing for a longer period 
than one year, or for the sale of any lands, or any interest 
in lands, is void, unless the contract or some memorandum 
thereof, expressing the consideration, be in writing, and be 
subscribed by the party by whom the lease or sale is to be 
made, or by an agent lawfully authorized. 

§ 691. Leases for a term exceeding three years, in order 
to be valid, must be recorded in the same manner as con¬ 
veyances of real estate, except in the counties of Albany, 
Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware, 
and Schenectady. 

§ 692. Every conveyance of any estate, or interest in 
lands, or the rents and profits of lands, and every charge 
upon land's, or upon the rents and profits thereof, made or 
created, with intent to defraud prior or subsequent pur¬ 
chasers for a valuable consideration, shall be void, as against 
such purchasers. 

§ 698. Whenever there is a tenancy at will or by suffer¬ 
ance created, by the tenant’s holding over his term, or 
otherwise, the same may be terminated by the landlord’s 
giving one month’s notice in writing to the tenant, requiring 
him to remove therefrom. 


§ 689. From the laws of which state is this chapter taken ? § 690. 
In what eases must land contracts be in writing ? § 691. In what 

< ases must leases be recorded as deeds ? § 692. What is the effect 

of a fraudulent conveyance? § 693. How may a tenant holding- 
over his term be dispossessed, in case of tenancy at will or by suffer* 


15 



226 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

§ 694. Such notice shall be served by delivering the same- 
to such tenant, or to some person of proper age residing ons 
the premises; or if the tenant cannot be found, and there 
be no such person residing on the premises, such notice may 
be served by affixing the same on a conspicuous part of the 
premises, where it may be conveniently read. 

§ 695. At the expiration of one month from the service 
of such notice, the landlord may re-enter, or maintain eject¬ 
ment, or proceed in the manner prescribed by law, without 
any farther or other notice to quit. 

§ 696. If a tenant shall give notice of his intention to quit 
the premises, and shall not accordingly deliver up the pos¬ 
session thereof, at the time specified in the notice, such ten¬ 
ant, his executors or administrators, shall thenceforward pay 
• to the landlord, his heirs or assigns, double rent, which shall 
be continued to be paid during the time the tenant shall 
continue in possession. 

§ 697. If a tenant for life or for years shall wilfully hold 
over any lands or tenements after the termination of such 
terms, and after demand made, and one month’s notice duly 
given, he shall be liable to pay to the person kept out of 
possession, or his representatives, at the rate of double the 
yearly value of the lands or tenements so detained, for the 
time he shall so hold over; and he shall also pay all special 
damages to which the person kept out of possession shall 
be subjected by reason of such holding over. 

§ 698. When any certain services, or certain rent reserv¬ 
ed out of any lands or tenements, shall not be paid when 
due, the person entitled thereto may distrain for the same. 
But no distress may be made for any rent for which a judg¬ 
ment has been recovered in a personal action. 

§ 699. A landlord may secure rent due, when any goods 
or chattels liable to distress for rent are seized under exe¬ 
cution, by giving notice, at any time before the sale of the 
goods by virtue of the execution, either to the party in whose 

ance ? 694. How must notice be served ? § 695. How does the 
landlord proceed after the end of the month ? § 696. What if a ten¬ 
ant gives notice of intention to quit, but refuses ? § 697. What if 

a tenant for life or for years refuses to quit after due notice ? § 698- 

By what process may landlords collect rent when due and not paid ? 

699,700. How may a landlord secure rent due when property liable; 



LANDLORD AND TENANT. 


227 


favor the execution shall be issued, or to the officer holding 
the same, of the amount claimed by the landlord to be due, 
and the time during which it accrued; and by accompany, 
ing such notice with his own affidavit, or that of his agent, 
of the truth thereof. 

§ 700. Upon receiving the notice and affidavit, the officer 
holding the execution, shall levy the amount of rent claimed 
to be due, in addition to the sum directed to be raised on the 
execution, and shall pay the same to the landlord ; but the 
amount of rent to be levied shall not exceed one year’s rent. 
If there be a deficiency of goods and chattels to satisfy both 
the execution and rent, the amount levied shall be first 
applied to the satisfaction of the rent; and the remainder 
shall be applied upon the execution. 

§ 701. If a tenant against whom an execution is issued, 
shall deny that rent is due to his landlord, as claimed, he may 
prevent the levying thereof, by virtue of such execution, by 
delivering to the officer holding it, a bond, with two sufficient 
sureties, executed to the landlord, in a penalty of double the 
amount of rent claimed, with a condition that all rent due 
shall be paid, not exceeding one year’s rent of the premises. 

§ 702. If a landlord, under the foregoing provisions, 
claims more rent than is due to him, and if the excess be 
collected, the tenant may sue for and recover of the landlord 
double the amount of such excess. And in all cases in 
which rent is pretended to be due, when none is due, the 
owner of goods distrained may recover against the person 
so claiming, double their value. 

§ 703. An officer making distress for rent, must give 
notice thereof, with the cause of the distress, the amount 
due, and an inventory of the articles taken, by leaving the 
same with the tenant, or in case of his absence, at the chief 
mansion house, or at some other notorious place on the 
premises. 

§ 704. At the expiration of five days from the day on 
which the notice was served, if the amount of rent due, with 
costs of distress, be not paid, and the goods distrained be 


to distress is under execution ? § 701. What if the tenant in this case 

denies that rent is due ? § 702. What if a landlord collects more rent 

than is due him ? § 703, 704, 705. Describe the process of collecting 



228 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

not replevied, the officer shall summon two disinterested 
householders, who, under oath administered by the officer, 
shall appraise the goods and chattels distrained, and state 
the same in writing. 

§ 705. Upon the appraisement being made, the officer shall 
give five days’ notice of sale, by affixing such notice on a 
conspicuous part of the premises, and in two public places 
in the town ; and on the day, and at the place appointed, he 
shall sell the goods at public auction, at the best price that 
can be obtained; and shall apply the proceeds to the satis¬ 
faction of the costs and rent, and pay the surplus, if any, to 
the owner of the goods. 

§ 706. If distress be made for rent justly due, any irreg¬ 
ularity or unlawful act afterwards done by the party dis¬ 
tressing, shall not render the distress unlawful; but the party 
aggrieved may recover for the special damages sustained by 
such irregularity or unlawful act, with costs of suit. 

§ 707. Every person entitled to any rents dependent upon 
the life of any other, may, notwithstanding the death of such 
other person, have the same remedy by action or by distress, 
for the recovery of all arrears of such rent, that shall be 
behind and unpaid at the death of such other person, as he 
might have had if such other person was in full life. 

| 708. If a tenant for life, who shall have rented any lands 
to another, shall die on or after the day when any rent shall 
have become due, his executors or administrators may recover 
from the under tenant the whole rent due : if he shall die be¬ 
fore the day on which the rent is to become due, they may re¬ 
cover the proportion of rent which accrued before his death. 

§ 709. When a tax on real estate shall have been collect¬ 
ed of an occupant or tenant, and the tax ought to have been 
paid by the landlord or any other person, the occupant or 
tenant may recover, by action, the amount of such tax, or 
retain the same from any rent due or accruing from him for 
the land so taxed. 


rent by distress. § 706. What is the effect of irregular proceedings ? 
f) 707. What remedy has the landlord in case of tenant’s death ? § 708. 
What is provided respecting the collection of rent of an under tenant 
in case of the death of the first tenant ? § 709. What remedy lias a 
tenant who has paid a tax which ought to have been paid by the land. 




LANDLORD AND TENANT* 


229 


§ 710. Whenever a half year’s rent or more shall be due, 
and no sufficient distress can be found, the landlord may 
bring an action of ejectment for the recovery of the premi¬ 
ses : but the tenant may, at any time before judgment, stay- 
proceedings, by tender of all the rent, and all costs and 
charges incurred by the lessor. 

§ 711. At any time within six months after a landlord 
shall have taken possession of the premises recovered in 
action of ejectment, the premises shall be restored to the 
tenant or lessee, on payment or tender to the landlord or 
lessor, of all rent in arrear, and all costs and charges incur¬ 
red by the lessor. 

§ 712. If a tenant in arrear for rent shall desert the 
premises, without leaving thereon any goods subject to dis¬ 
tress, any justice of the peace of the county may, at the 
request of the landlord, view the premises ; and on being 
satisfied that the premises have been deserted, he shall affix 
a notice upon a conspicuous part of the premises, requiring 
the tenant to appear and pay the rent due, at the time spe¬ 
cified in the notice, not less than five, nor more than twenty 
days after the date thereof. 

§ 713. At the time specified, the justice shall again view 
the premises; and if the tenant appear, and deny that rent 
is due to the landlord, all proceedings shall cease. If the 
tenant, or some one for him, shall not appear, and pay the 
rent, and there shall not be sufficient distress upon the 
premises, then the justice may put the landlord into posses¬ 
sion of the same. 

§ 714. The goods and chattels of a tenant may be dis¬ 
trained after they shall have been removed from the premi¬ 
ses, whether the removal have been made before or after the 
rent shall have become due. If the rent be due at the time 
of the removal, or shall become due within thirty days there¬ 
after, the goods may be seized within the said thirty days after 
such removal. If no rent be due, or become due within that 
time, then the seizure may be made at any time within thirty 


lord ? § 710. In what case may the landlord eject a tenant in arrears t 
§ 711. How may tenant regain possession ? § 712, 713. If a tenant 
in arrear desert the premises, leaving no goods subject to distress, what 
procedure must be taken ? § 714. What is provided in case goods 
20 




230 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

days after the rent shall have become due ; provided such 
seizure be made within six months after the removal of the 
goods : but no goods shall be liable to be seized which shall 
have been previously sold in good faith, and for a valuable 
consideration, to any person not privy to such fraudulent 
removal. 

§ 715. Any tenant or lessee who shall remove his goods 
from any demised premises, either before or after any rent 
shall have become due, for the purpose of avoiding the pay¬ 
ment of such rent; and every person who shall knowingly 
assist such tenant or lessee in such removal, or in conceal¬ 
ing any goods so removed, shall forfeit to the landlord of the 
demised premises, his heirs or assigns, double the value of 
the goods so removed or concealed. 

§ 716. Personal property deposited with a tenant, with 
the consent of the landlord, or hired by such tenant, or let 
to him, with the like consent, shall not be distrained for any 
rent due to such landlord. And property belonging to any 
other person than the tenant, which shall have accidentally 
strayed on the demised premises, or which shall be de¬ 
posited with a tavern-keeper, or with the keeper of any 
warehouse, in the usual course of his business, or deposited 
with a mechanic or other person, for the purpose of being 
repaired or being manufactured, shall not be subject to dis¬ 
tress or sale for rent; but the officer making the distress 
shall not be liable for seizing or selling property not belong¬ 
ing to the tenant, unless previous notice shall have been 
given him of the claim of a third person. 

§ 717. Distress for rent shall be made by the sheriff of 
the county, or one of his deputies, or by a constable or mar¬ 
shal of the town or city where the goods are, who shall 
conduct the proceedings throughout. 

§ 718. No distress shall be driven out of the town in 
which it shall be taken, except to a pound within the same 
county, not above three mites distant from the place where 


are removed from the premises before distraint ? § 715. What is the 
penalty for removing and concealing goods ? §716. In what cases 

is the property of other persons exempt from distress ? 717. By what 

officers is distress for rent made ? § 718. How far may property taken 

by distress be removed ? § 719. With what must a distress warrant b® 



CRIMES AND THEIR PUNISHMENT. 231 

'such distress shall have been taken. All beasts, or goods 
or chattels taken as a distress at one time, shall be kept, as 
near as may be, in the same place. 

§ 719. An officer may not make distress for rent, unless 
the warrant of distress be accompanied by an affidavit of 
the landlord, or his agent, specifying the amount of rent due, 
and the time for which it accrued. 

§ 720. Within ten days after the sale of goods, for rent, 
or after they shall have been replevied, the officer is required 
to file the original warrant of distress, with the original 
affidavit of the landlord, in the office of the town clerk. In 
the city and county of New York, in the city and county of 
Albany, in the cities of Troy, Hudson, and Schenectady, 
such warrant and affidavit shall be filed in the office of the 
clerk of the county. Any officer violating this provision, 
shall forfeit fifty dollars to the person whose property shall 
have been distrained. 

§ 721. All distresses for rent shall be reasonable; and 
whosoever shall take an unreasonable distress, shall be liable 
to an action on the case, at the suit of the party aggrieved, 
for the damages sustained thereby. 


CHAPTER X. 

Crimes and their Punishment . 

§ 722. The following definitions of the several crimes 
are taken principally from the statutes of New York; but 
they are, without any material exceptions, the same in all 
the states. Those crimes which are punishable by death, 
are treason, murder, and arson in the first degree. 

§ 723. Treason is defined to be levying war against the 
people of the state ; a combination to usurp, by force, the 


accompanied ? 720. What is provided in relation to the filing of the 

warrant of distress and affidavit? §721. What is the penalty for 
taking unreasonable distress ? 

, § 722. What crimes are punishable by death ? § 723. What ia 




232 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

government of the state ; or adhering to, and aiding, the 
enemies of the state, while separately engaged in war with 
a foreign enemy. 

§ 724. Murder is the killing of any person in the follow¬ 
ing cases : (1.) when perpetrated from a premeditated de¬ 
sign to effect the death of any human being; (2.) when 
perpetrated by any act imminently dangerous to others, and 
evincing a depraved mind, regardless of human life, although 
without a premeditated design to effect death ; (3.) when 
perpetrated without any design to effect death, by a person 
engaged in the commission of a felony; and (4.) the wound¬ 
ing of a person in a duel, though it be done out of the state, 
who shall die in the state ; and every second engaged in 
such duel shall be guilty of murder. Dueling, however, in 
some states is either not a capital crime, or is not a statute 
offence of any degree. 

§ 725. Arson in the first degree, is wilfully setting fire 
to, or burning, in the night time, a dwelling house in which 
there is, at the time, some human being ; and every house, 
prison, jail, or other building, that shall have been usually 
occupied by persons lodging therein at night, is deemed a 
dwelling house of any person so lodging therein. 

§ 726. Manslaughter in the first degree, consists- in killing 
a human being, without a design to effect death, by the act 
of another engaged in perpetrating, or attempting to perpe¬ 
trate, a crime or misdemeanor not amounting to felony ; or 
in assisting another in committing self-murder. Manslaugh¬ 
ter in the second degree, is the killing of a human being, 
without a design to effect death, but in a cruel, unusual 
manner; or in unnecessarily killing another, while resist¬ 
ing an attempt by such other person to do an unlawful act, 
or after the attempt shall have failed. 

§ 727. Manslaughter in the third degree, is the killing of 
another in the heat of passion, without a design to effect 
death, by a dangerous weapon; or the involuntary killing 
of a person by the negligence of another engaged in com- 


ireason against the state ? § 724. Under what circumstances is the 
killing of a person murder ? § 725. What constitutes arson in the 
first degree ? § 726. In what does manslaughter in the first degree 

consist ? In the second degree ? § 727. What is manslaughter in the 



CRIMES AND THEIR PUNISHMENT. 


233 


mitting, or attempting to commit, a trespass ; or in per¬ 
mitting a mischievous animal, by its ownei^ to go at large, 
if the animal shall kill a human being, who shall have taken 
due precaution to avoid the animal; or the« administering, 
by a physician in a state of intoxication, and without a de¬ 
sign to effect death, of any poison, drug, or medicine, which 
shall produce the death of another; or in causing death by 
persons navigating steamboats or other vessels, through 
culpable negligence or ignorance. Manslaughter in the 
fourth degree, is the involuntary killing of another by any 
weapon, or by means neither cruel nor unusual, in the heat 
of passion. 

§ 728. Homicide is the taking of a person’s life, and in¬ 
cludes the crime of murder. Homicide is also excusable, or 
justifiable. Excusable homicide is the killing of a person by 
accident, or while lawfully employed, without the intention 
of doing wrong. Justifiable homicide is putting one to 
death in pursuance of a legal sentence; or in defending 
one’s person, or property, or in defending the person of 
another. In these cases, no punishment is inflicted. 

§ 729. Any person who shall maim another, from pre¬ 
meditated design, by cutting out or disabling the tongue, or 
any other member or limb of any person; or who shall 
inveigle or kidnap another, or shall be accessory to any 
kidnapping; or who shall sell kidnapped blacks; or who 
shall decoy or take away children ; or who shall expose 
children in the street or highway to abandon them ; or who 
shall commit or attempt an assault with intent to kill, or to 
commit any other felony, or in resisting the execution of a 
legal process ; or who shall administer poison whereof death 
shall not ensue; or who shall poison any spring, well, or 
reservoir of water ; such person shall be adjudged guilty of 
crime. 

§ 730. Arson in the second degree, is the burning of, and 
setting fire to, in the night time, any shop, warehouse, or 
other building, endangering an inhabited dwelling. Arson 
in the third and fourth degrees consists in burning of build- 


third degree ? In the fourth degree ? 728. What is homicide ? When is 
it excusable and justifiable ? § 729. What other injuries done to or at¬ 
tempted upon persons are mentioned as crimes ? § 730. What consti- 
20 * 



S34 CIVIL JURISPRUDENCE OF THE UNITED STATES. 

ings other than dwellings, and other property of various 
kinds. 

§ 731. Burglary in the first degree, is the breaking into 
and entering a dwelling, in the night time, with intent to 
commit some felony. The same act, when perpetrated in the 
day time, or under such-circumstances as shall not constitute 
burglary of the first degree, is burglary in the second or 
third degree. 

§ 732. Forgery consists in falsely making, counterfeiting, 
or altering any instrument of writing, with intent to defraud 
or wrong any person. Counterfeiting is a term used to 
signify the forging of false coins, or false bank bills, or the 
fraudulent altering of true ones. This crime consists, not 
only in the actual making or passing of such false coins or 
bills, but also in having in possession any engraved plate, or 
bills unsigned, which are intended to be used for such 
purposes. 

§ 733. Robbery is the taking of property from one’s per¬ 
son by violence, or threats of violence, and by putting the 
person in fear of his life, or grievous injury. 

§ 734. Larceny is the term used to signify theft of all 
sorts. If the amount of property taken exceed twenty-five 
dollars, the crime is called grand larceny; if the amount be 
twenty-five dollars or under,, it is adjudged to be petit 
larceny. The former is punishable by imprisonment in a 
state prison for a term of years; the latter, by fine, or im¬ 
prisonment in a county jail, or both; and if it be a second 
offence of the same person, it is punishable in the same 
manner as grand larceny. 

§ 735. Embezzling is the converting, by any person, to 
his own use, of property intrusted to him by another, and 
is punishable in the same manner as stealing property of 
like value. 

§ 736. Perjury is wilfully swearing or affirming falsely 
to any material matter, upon any oath, legally administered. 
Subornation of perjury is the procuring of another to swear 

tutes arson in the second degree ? Third and fourth degrees ? § 731. 
What constitutes burglary in the several degrees ? § 732. In what does 
forgery consist? What is counterfeiting ? f) 733. What is robbery? 
§ 734. What is larceny ? What constitutes graiid, and what petit 
larceny ? IIow arc they punishable ? § 735. What is embezzling ? 



CRIMES AND THEIR PUNISHMENT. 235 

falsely, and is punishable in the same manner, and to the 
same extent, as perjury. 

§ 737. Bribery is offering to any person in the adminis¬ 
tration of justice, any reward to influence his vole, opinion, 
or judgment on any question ; and is punishable by imprison¬ 
ment in a state prison, or fine, or by both. Any person 
accepting such bribe, shall be punished in like manner, and 
shall forfeit his office, and be forever disqualified from hold¬ 
ing any public trust or appointment. 

§ 738. Dueling is the fighting with a deadly weapon, in 
single combat with another. Any person killing another 
in a duel, is subject to the punishment of death. If death 
does not ensue, the offence is punishable by imprisonment 
in a state prison. Challenging, or accepting a challenge to 
fight, or to be present as a second, is punishable also by im¬ 
prisonment in a state prison. 

§ 739. Offences punishable by Imprisonment in a County 
Jail and by Fines.—^ Among these are the following: Petit 
larceny ; attempting to extort, by threats, any property or 
pecuniary benefit; fraudulent conveying or concealing prop¬ 
erty to defraud creditors ; conspiracies by two or more 
persons with intent to commit an offence ; imprisoning or 
arresting another without legal authority, or under a false 
pretence ; receiving a reward to conceal a misdemeanor \ 
voting more than once at an election ; maliciously killing 
or wounding animals that belong to another, or cruelly 
beating animals, whether his own or those of another; 
wilfully opening or reading sealed letters addressed to 
another, except in cases punishable by the laws of the 
United States ; removing or defacing any monument, mile¬ 
stone, or guide board. These, besides many other offences 
not here enumerated, are punishable by fine or imprison¬ 
ment in the county jail, or by both. And any person having 
been convicted of petit larceny, or an attempt to commit an 
offence, which, if perpetrated, would be punishable by im¬ 
prisonment in a state prison, shall, for a second offence, be 
imprisoned in such prison. 


$ 736. What is perjury ? What is subornation of perjury ? § 737. 
Define bribery. What is the penalty? § 738. What is dueling? 
How punishable ? § 739. What offences are punishable by imprison- 



236 CIVIL JURISPRUDENCE OF THE UNITED STATES. 


§ 740. Those offences defined in this chapter whose pun ¬ 
ishment has not been stated, are punishable by imprisonment 
in the state prison for a term of years, varying in length 
according to the aggravation of the crime: excepting the 
offences enumerated in section 729; some of which may 
be punished by imprisonment either in the state or county 
prison, or by fine. 


ment in the county jail and by fines? § 740. What punishment is 
annexed to the crimes herein defined, whose penalties have not been 
mentioned ? 



PART FOURTH. 


POLITICAL ECONOMY. 


CHAPTER I. 

Definition of the Term.—Utility of the Science. 

§ 741. Political Economy is the science which treats 
of the nature and causes of wealth. The word economy is 
from two Greek words signifying house and law; and means 
the law of the house, or household. Hence, the economy of 
a person means the regulation and government of his fam- 
ily, or the concerns of his household. In this sense of the 
term, a man’s economy may be said to be either good or bad. 
But it is commonly used in a more restricted sense, signify¬ 
ing frugality, or a prudent management of household affairs. 

§ 742. In speaking of the regulation of the affairs of a 
state or nation, we use the term public economy, or more 
frequently political economy. As economy has in view the 
acquisition of wealth, or property, the term political econ¬ 
omy is used to designate the science which teaches the man¬ 
ner in which the prosperity of the members of a body politic 
is promoted ; or how the public wealth is produced, distrib¬ 
uted, and consumed. 

§ 743. The utility of a knowledge of this science has not 
hitherto been duly appreciated. Nothing needs to be said 
to convince any one of the importance of domestic or private 
economy. All mankind, moved by self-interest, are ever 
seeking ways and means of increasing their wealth. Hence 
we see men assiduously pursuing their own private interests, 


Exercises. —§741. What is political economy ? Give the origin 
and meaning of the word economy. § 742. Why is the word political 
* nere prefixed to economy ? § 743. What degree of attention has this 




238 


POLITICAL ECONOMY. 


apparently insensible of the connexion of their own prosper¬ 
ity with that of the community, or of its being in any degree 
attributable to the policy of the government under which 
they live. They do not seem to be aware that to promote 
the public welfare is the grand object of civil government. 

§ 744. There are those, however, who admit the utility 
of the science of political economy to persons charged with 
the administration of public affairs, who do not regard it as 
a very essential branch of a common education. In a mon¬ 
archy, where the great body of the people have no agency 
or influence in the administration, a knowledge of this science 
is doubtless bf less importance to them, than in a free gov¬ 
ernment, where all men, whose interests are affected by the 
operation of the laws, possess, primarily, equal power in the 
government. Young men, who are now pursuing their stu¬ 
dies in schools, will in a few years be elevated to high public 
stations; and in a country where the road to public office 
is open to all classes, an intimate acquaintance with the 
principles of political economy, must be of the highest 
importance. 

§ 745. In a free government, the people have in their own 
hands the right of correcting the evils which result from 
unwise laws. But if they do not understand the cause of 
their distress, or if they do not agree in tracing the public 
suffering to its true cause, relief cannot be administered. 
Moreover, without a knowledge of political economy, a 
people might ignorantly oppose measures best adapted to 
promote the public prosperity. 

§ 746. The inattention to this science which has so long 
prevailed, may be attributed, in part, to the common opinion, 
that its principles are too abstruse to be brought within the 
comprehension of the great mass of the people, especially 
of the young. The fact, however, is otherwise. Few sci¬ 
ences are more simple. The youth of fifteen, though he 
may not be an adept in the science, nor possess the knowl¬ 
edge of an experienced legislator, is nevertheless capable of 


science received ? § 744, 745. Why is a knowledge of political econ¬ 
omy more useful in a free, than in an arbitrary government ? What 
would ultimately be the consequence of general ignorance among the 
people of this country ? § 746. What is one of the probable causes of 



PRODUCTION.—DEFINITIONS. 


239 


understanding the general laws and principles which regu¬ 
late the production and distribution of the wealth of society- 
These principles, when duly explained, are as readily com¬ 
prehended as those of mathematics, or of chemistry and 
natural philosophy. 

§ 747. Writers on political economy have treated of the 
subject under these four general heads : production of wealth, 
exchange of wealth, distribution of wealth, and consumption 
of wealth. This order will be observed in the following 
treatise as nearly as the nature of the several subjects dis¬ 
cussed will admit. Under the first head it will be shown 
how the industry of a nation may be rendered most produc¬ 
tive of wealth ; under the second, will appear the necessity 
of an exchange of the products of labor, and the principles 
by which this exchange is conducted ; under the third it will 
be seen how the profits of industry are distributed among 
the various classes of producers ; and under the fourth, 
how property is consumed; in other words, how the value 
of objects created in production is destroyed. 


CHAPTER II. 

Production.—Definition of Terms. 

§ 748. Wealth comprehends those objects which are 
capable of gratifying the desires of hnan, and of being ex¬ 
changed for other things which are necessary to satisfy his 
wants. These objects are numerous, consisting of land, 
buildings, grain, metal, cloth, fuel, money, household goods, 
domestic animals, and all commodities which are essential 
to the life and comfort of man, and for which other articles 
of value may be procured in exchange. 


inattention to this science? § 747. How is this subject usually divi¬ 
ded ? and what does each of these divisions treat of ? 

§ 748. What is the definition of wealth ? ■ § 749. What is value ? 




240 


POLITICAL ECONOMY. 


§ 749. Value is defined to be that quality in objects which 
renders them useful to man. A man’s wealth is said to be 
in proportion to the amount of the value of the things which 
he possesses. But there are things of the highest degree 
of utility to man, which, however, constitute no portion of 
his wealth. Such are air, daylight, and water. These 
have great intrinsic value , or value in use, being indispen¬ 
sable to the existence of mankind; but, being possessed 
alike by all, no man can procure for them anything in ex¬ 
change. It is therefore the value in exchange, or exchange¬ 
able value of a thing which makes it an item of wealth. 
Hence it is said, that to create value is to create wealth. 

§ 750. As any object is considered valuable on account 
of its useful properties, a writer on economy (Say) gives to 
this fitness or capabilty of a thing to satisfy the wants of 
mankind, the name of utility. And he says, that to create 
objects which have any kind of utility, is to create wealth ; 
for the utility of things is the ground work of their value, 
and their value constitutes wealth ; and, hence, to create 
utility is to produce wealth. This latter definition, how¬ 
ever, does not essentially differ from that given in the pre¬ 
ceding section. According to either, wealth consists in the 
value of things. 

§ 751. The questions then naturally arise, whence is 
wealth derived ? and how is value created ? The opinion 
formerly prevailed among economists, that the soil was the 
source of all wealth. But the more rational doctrine now 
prevails, which regards labor as the agent which produces 
wealth. The materials of wealth may be said to originate 
from the bosom of the earth ; but it is by the aid of labor 
that they are made to constitute wealth. And in proportion 
to the amount of labor bestowed upon any material, is its 
value augmented, and the wealth of an individual increased. 

§ 752. Iron is an article of comparatively small exchange¬ 
able value. What value it possesses has been created al¬ 
most wholly by the labor of changing its form from its rude 
state in the earth. By the labor of converting it into axes, 


What is meant by the terms, intrinsic value and exchangeable value ? 
§ 750. How is wealth produced ? In what does it consist? §751. 
What is the grand agent which produces wealth ? § 752. Show, by 



PRODUCTION.—DEFINITIONS. 


241 


its value is farther increased, perhaps ten fold. If manu¬ 
factured into knives, the value may have been increased to 
an amount more than one hundred times greater than it 
possessed in the state in which the cutler received it. A 
pound of silver is worth more than a pound of iron, because v 
more labor is required to get silver than to get iron. So 
also the value of land is augmented by the labor of clearing 
it of the forest, and preparing it for cultivation. 

§ 753. The exchangeable value or price of a thing, there¬ 
fore, is generally as the toil and labor of acquiring it. It is 
not the less bought with labor when paid for in money or 
other goods; for labor was the first price of the money or 
goods with which the article was procured. Whether a 
man labor a day to procure a bushel of wheat, or pay for it 
a dollar in money for which he had previously given a day’s 
labor, the cost of the wheat is to him the same in either case. 
And if one man acquire any thing for one, two or ten day’s 
labor, he will exchange it for another thing which he wants 
that has cost the same quantity of labor. 

§ 754. The exchangeable value of an object is, however, 
liable to sudden and temporary variations ; that is, the 
current price of a commodity may, by extraordinary cir¬ 
cumstances, be made to vary from the cost or natural price . 
Should double the usual quantity of wheat be sent to any 
market for the use of the inhabitants, the supply being 
greater than the want or demand, the owners might be 
obliged to sell the article below the cost, or suffer a still 
greater loss by not selling it at all. If, on the other hand, 
a scarcity should by some means be produced in the market, 
the current price, or exchangeable value, of a commodity 
would be raised above the cost, because the demand would 
be greater than the supply. But the causes of these fluctu¬ 
ations are usually of short continuance, as the exchangeable 
value of things ever tends to a proper level. 

§ 755. A product is that which is formed or brought forth 


an example, how labor increases the value of things. § 753. By what is 
the value of a thing generally determined ? § 754. Is this rule inva¬ 

riable ? What is the difference between the current and the natural 
j,rices of things*.? How is this variation caused ? § 755. What is a 

product ? 


16 




242 


POLITICAL ECONOMY* 


by nature, or by human labor; and the act or process of 
making or furnishing such object, is called production: con¬ 
sequently, the creation of any valuable product, or the in¬ 
vesting of any matter or substance with utility, is properly 
termed the production of wealth. 


CHAPTER III. 

The Different Kinds of Industry , and their Concurrence in 
Production. 

§ 756. As the grand agent in the production of wealth 
is labor or industry, and as wealth is increased in proportion 
to the increase of value produced by industry; it is the 
province of political economy to show how industry may be 
most successfully employed in the creation of value. With¬ 
out industry, few of the wants of mankind would be sup¬ 
plied. The earth in a state of nature would not only 
furnish to man a scanty subsistence, but it could furnish 
such subsistence to a very limited population. 

§ 757. There are three kinds of industry by which value 
is created : agricultural, manufacturing, and commercial 
industry ; and the concurrence of these is necessary in pro¬ 
duction. Industry, in the production of wealth, does not, 
however, create matter ; it merely changes the form of it. 
It may properly be said to be the human employment of 
natural agents in creating value, by changing the form and 
place of existing substances. 

§ 758. “ The husbandman,” says Say, “ who sows a grain 
of wheat that yields twenty fold, does not gain this product 
from nothing : he avails himself of a powerful agent; that 
is to say, of Nature, and merely directs an operation, where¬ 
by different substances previously scattered throughout the 


§ 756. By what are the wants of mankind principally supplied ? 
4 757. What three kinds of industry concur in producing wealth ? 
Does industry create matter? § 758. Explain the process of change 





PRODUCTION.—INDUSTRY. 243 

elements of earth, air, and water, are converted into the 
form of grains of wheat.” 

§ 759. The manufacturer changes the form of timber, 
iron, and wool, into chairs and tables, scythes and axes, and 
various articles of clothing. Thus, in both these branches 
of industry, value is created by changing the form of matter. 
Nearly the whole value of a product sometimes consists of 
the addition of value given to matter by industry. Thus, 
the value of the material of which a yard of lace is made, 
is too small to be computed, nearly the whole value of the 
product consisting in the labor of making it. A still greater 
addition of value is given to a lump of iron ore wrought 
into the hair springs of watches. It is estimated that a 
pound of iron will furnish the material for 80,000 springs ; 
which, at 12£ cents a piece, would amount to $10,000. 

§ 760. Commercial industry likewise concurs in produc¬ 
tion, by increasing the value of a product by transporting it 
from one place to another. A ton of iron is more valuable 
in New York than in the foreign port whence it was im¬ 
ported ; and a quintal of codfish possesses greater value in 
Buffalo than in Albany, the value having been increased by 
transportation. Here value is created by changing the place 
of an object. 

§ 761. Thus it may be seen how these several kinds of 
industry concur in production. And it is not the product 
of either one of them, but the united products of agricul¬ 
ture, manufactures, and commerce, that compose the annual 
produce of a nation. We see too the mutual dependence 
of these different classes of producers upon each other, and 
the error of those who consider one of them more honorable 
or more useful than the other. And it is equally evident 
that if any one of them either prospers or suffers, the others 
must of necessity prosper and suffer with it. 

§ 762. Though these three kinds of industry contribute 
to the wealth of society in so many different ways, there 


ing the form of grain? § 759. Illustrate, by examples, the increase 
of value of a substance, in changing its form by labor bestowed upon 
it. § 760. How does commercial industry concur in production? 
§ 761. What are the nature and effect of the concurrence of these 
several branches of industry in production? § 762. What three dis- 



244 


POLITICAL ECONOMY. 


are three distinct operations which are the same in each 
and all*of these several branches of industry. That is to 
say, industry, whether agricultural, manufacturing, or com¬ 
mercial, may be divided into (1.) theory; (2.) application; 
and (3.) execution. All of these three operations are 
necessary to the formation of any product, as we shall 
presently see. 

§ 763. In the production of a watch, for example, the 
first step is the study of the nature and properties of iron; 
by which investigation it has been discovered that this metal 
can be drawn out to almost any degree of attenuation, and 
that it is capable of receiving a great degree of elasticity. 
The second step is the applying of the laws and properties 
of iron to the purpose of moving a watch by means of 
main and hair springs. The last operation is the execu¬ 
tion of the manual labor necessary to complete the pro¬ 
duct. 

§ 764. The same operations may be traced in agricul¬ 
tural and commercial industry. The natural philosopher 
or man of science has in the first place discovered the order 
and conduct of nature in the production of grain, the chem¬ 
ical qualities of the various substances by which the soil 
may be fertilized. The farmer, having acquired a knowl¬ 
edge of these discoveries, proceeds to apply this knowledge 
to the purpose of creating a useful product, and directs the 
mode of manuring the soil and the time and manner of 
preparing the soil in order to effect the production of the 
desired object. In the last place, the laborer ploughs the 
ground, and sows the seed. 

§ 765. These operations are not always, however, per¬ 
formed by different persons; sometimes the same person 
performs two ; but it seldom happens that he performs all 
of them. Franklin discovered the laws of electricity, and 
applied them to the construction of the lightning rod ; thus 
performing the labor of discoverer and of inventor ; but he 
probably never made a rod with his own hands. In most of 


tinct operations are performed in the formation of a product ? § 763. 

Illustrate this in the case of a mechanical product. § 764. In tho 
case of an agricultural production. § 765. Are these several opera, 
tions always performed by different persons ? Why is not the first of 




PRODUCTION.-INDUSTRY. 246 

the products of the present day, no person performs more 
than two of these operations ; because new discoveries are 
seldom made. Most of the new inventions which are taking 
place, are the result of the knowledge of the laws of nature 
long since discovered. The nature of iron and of heat, and 
the effect of the latter upon the former, were discovered at 
an early period; but the application of the knowledge of 
this effect to the construction of cast iron ploughs, is of 
recent invention. And almost all the labor done is exerted 
in the creation of products which are the result of old dis¬ 
coveries and inventions. 

§ 766. We see, then, that in each branch of industry 
there are three classes of laborers. First, discoverers, in¬ 
cluding philosophers and men of science, who investigate 
and discover the laws of nature ; secondly, inventors of ma¬ 
chinery, and all who teach us how to apply the knowledge 
of these laws to some practical purpose ; among whom may 
be classed also the lawyer, physician, and clergyman, by 
whose knowledge society is in various ways made more 
prosperous and happy; and thirdly, all persons who labor 
in the several trades and manual employments. 

§ 767. The labor of lawyers, physicians, and clergymen, 
is by some called unproductive labor; because it imparts no 
value to any substance ; that is, it invests no matter with 
any utility or exchangeable value. The physician visits a 
patient, and prescribes a remedy for his disease, but no pro¬ 
duct is created which the sick person can transfer or dispose 
of to another, or keep for future use. Of a similar nature 
is the labor of a lawyer and a clergyman. 

§ 768. But laborers in these professions are no less pro¬ 
ductive laborers than farmers and mechanics. Laws are 
enacted to secure to persons their rights. But to avail him¬ 
self of the benefit of the law, a man must have a knowl¬ 
edge of the law. And if he must at any time have recourse 
to the law to obtain justice, he may procure the advice and 
assistance of the lawyer, who has the necessary knowledge 


these operations so common as the others? § 766. Who compos e 
each of the three classes of laborers in the several branches of in¬ 
dustry? § 767. Why is the labor of lawyers, physicians, and clergy¬ 
men called unproductive labor ? § 768. Is not the labor of these men 
21 * 



246 


POLITICAL ECONOMY* 


of the laws. Lawyers, therefore, are of essential benefit to 
the community. If there were no persons of this profession* 
every man must spend much time in the study of the laws, 
in order to know how to maintain his rights. But it is much 
cheaper to hire the service of a lawyer when it is wanted, 
who, with his knowledge of the law, may serve a whole 
neighborhood. 

§ 769. The physician also is a productive laborer. By 
his knowledge of the laws of health, he may cure the sick, 
and enable them to work; so that there is more labor per¬ 
formed than there would be if there were no physicians. 
Hence they must be ranked among the productive classes 
of the community. 

§ 770. But how, it may be asked, do clergymen contrib¬ 
ute to the production of wealth 1 Without Christian teach¬ 
ers, men would doubtless be less virtuous and industrious 
than they now are ; and, consequently, less labor would be 
performed. As vice should increase, the laws would be oft- 
ener broken, and the rights of men would be more insecure. 
The prevalence of religious principles affords a more effect¬ 
ual security to the rights of person and property, than the 
wisest laws ; for where there is no virtue in a society, the 
laws will command but little respect. 

§ 771. We must conclude, then, that professional men 
are productive laborers. But as they increase the product¬ 
iveness of a community, not directly by the creation of any 
material product, but in an indirect manner, they are called 
indirect productive laborers; and as the products of their 
labor are incapable of becoming objects of barter or ex¬ 
change, they may be called immaterial products. 


productive 7 Show how a lawyer’s labor is productive 7 § 769. How 
that of a physician ? § 770. Of what service is the labor of a clergy¬ 

man in production ? § 771. What are these labors and their products 
properly called ? Why 7 



PRODUCTION.—CAPITAL. 


247 


CHAPTER IV. 

Capital.—Its necessity in Production, 

§ 772. It has been shown that industry or labor is essen- 
tial to the production of wealth, and how the several kinds 
of industry concur in production. But it must be at once 
perceived, that industry alone can produce nothing valuable. 
There must be some materials with which, and upon which 
men may operate. The farmer can do nothing without land, 
manure, seed, and animals; the manufacturer must have 
leather, iron, wool, and cotton ; and the merchant must have 
wares and merchandise to transport and sell. 

§ 773. These several classes of producers need tools and 
implements also, to perform the labor of their several occu¬ 
pations. The farmer must have ploughs, carts, spades, and 
other utensils; the mechanic and manufacturer want saws, 
planes, hammers, and machines for spinning and weaving; 
and transporters need vessels and land vehicles to convey 
their goods from place to place. And all laborers must also 
be provided with food and clothing, and other things neces¬ 
sary for their subsistence and comfort. 

§ 774. All these items, together with the money used to 
carry on the several occupations, constitute what is called 
capital. Neither the farmer, manufacturer, or merchant, 
has a large portion of his capital or wealth in money ; but 
its use is very convenient, and even necessary, in all kinds 
of business, in order to facilitate the exchange of products. 
The utility and general objects of money will be considered 
hereafter. Capital, in these several forms, employed in such 
manner as to become more valuable, or to produce a profit 
or income, in consequence of the changes and transforma¬ 
tions which it undergoes, is called productive capital. 

§ 775. Productive capital, though constantly undergoing 
changes, in the progress of production, remains in effect the 


§ 772, 773. Mention some of those things which must be united 
with industry or labor in production ? § 774. What are these several 

items called ? Is money any part of a man’s capital ? What is pro - 



243 


POLITICAL ECONOMY. 


same ; for, though the value of capital be consumed in its 
employment and use, it reproduces itself; and if prudently 
managed, the more frequent the changes of capital, the 
greater, in general, will be its productiveness. A part of the 
capital of a farmer yearly expended or consumed, consists 
of the seeds for his ground, provisions, fodder for his cattle, 
and the wages of his laborers. But this capital is not lost; 
for its value reappears, and perhaps with increase, in the 
successive yearly products of his farm. A similar result 
follows from the use and change of capital employed in man¬ 
ufactures and commerce. 

§ 776. But all capital is not employed in the business of 
production. In every country there is a greater or less 
amount of capital which lies entirely inactive, or is unprofit¬ 
able' expended. Such are uncultivated and barren lands, 
machinery not in operation, and money hoarded up. These, 
while in this state, yield no income to the owner; and the 
nation loses the profit of the industry which it might have 
kept in motion. Hence, this is called unproductive capital. 

§ 777. That portion of capital which is changed in the 
business of reproduction, is called circulating capital . Such 
are the grain and manures of the farmer, and the wages of 
his laborers ; the materials from which goods are manufac¬ 
tured ; and the stock of goods of a merchant. They are 
constantly disappearing, and returning in a different shape. 
A small part of the capital of a farmer is circulating capi¬ 
tal ; that of a manufacturer is much greater; while the capital 
of a merchant is almost wholly a circulating capital. 

§ 778. Another kind of capital is that which consists of 
the lands, buildings, working animals, and the various uten¬ 
sils of the farmer ; the machinery of the manufacturer, and 
the building with which it is connected ; and the warehouse 
of the merchant. These do not undergo the same changes 
and transformations as the items of circulating capital, but 
are kept for permanent use; and the most perishable of 
them last for many years. Hence this kind of capital is 
denominated fixed capital . 


ductivc capital ? § 775. Describe the nature of productive capital? 
and its operation in reproduction. § 776. Of what does unproductive 
capital consist ? § 777. What is circulating capital ? Name some of 



PRODUCTION.—NATURAL AGENTS. 249 

§ 779. Wherever, and in whatever branches of industry 
circulating capital is actively and profitably employed, we 
see an increase of fixed capital. A thriving farmer usually 
appropriates a part of his income to the improvement of his 
farm, buildings, and other items of fixed capital, or to the 
purchase of more land. The manufacturer, also, expends 
a portion of the increase of his circulating capital in the 
enlargement of his manufactory, and in making additions to 
his machinery. The merchant, too, improves or enlarges 
his warehouse and dwelling, or erects new and more com¬ 
modious ones. This change of circulating into fixed capi¬ 
tal may be considered one of the surest indications of a 
prosperous community. 


CHAPTER V. 

The use of Natural Agents in Production. 

§ 780. The power of man alone applied to capital, could 
scarcely furnish him with the most meagre subsistence. A 
man with nothing but a spade and a hoe to cultivate his land, 
would receive but a scanty remuneration for his labor. But 
if he had ten times as much strength as he now has, his 
labor would be ten times as productive; for the greater the 
power brought to the assistance of man, the greater will be 
the amount produced by human labor. 

§ 781. The productiveness of human industry is owing, 
principally, to the assistance which it receives from natural 
agents. These agents are of two kinds, animate and inan¬ 
imate. Animate natural agents are beasts of burden, as the 
horse, ox, ass, mule, &c. By the aid of these, mankind 
are enabled vastly to increase the productiveness of labor. 


the items. § 778. Whatis^red capital? Mention some of the items 
of fixed capital. § 779. What effect has the profitable employment of 
circulating, upon fixed capital ? 

§ 780. To what is the productiveness of human labor proportioned ? 
§ 781. By what means is the necessary power furnished to man to 




250 


POLITICAL ECONOMY. 


We may imagine, with tolerable accuracy, how slow would 
be the progress of improvement in a new country, if its 
inhabitants could not avail themselves of the assistance of 
working animals in clearing the soil, and preparing it for 
tillage ; and how much smaller would be the quantity of 
land cultivated, and, consequently, how much less product¬ 
ive human labor would he, without this assistance. And 
let us imagine, too, how much less grain a man would carry 
at a single draught to mill or to market, if he were obliged 
to bear it on his shoulders, and we may appreciate the aid 
derived by human industry from these agents. 

§ 782. Inanimate natural agents are water, wind, steam, 
fire, gunpowder, and such other powers as assist the pro¬ 
ductive labor of man. The utility of these agents also is 
apparent. The advantages which man derives from natural 
agents are in proportion to the amount of personal labor 
and capital which it enables him to dispense with. 

§ 783. Water is a powerful agent in production. The 
aid which human industry derives from the power of falling 
water, will appear from contrasting the effects of this agent 
in propelling carding machines, spinning jennies, and power 
looms, with the old mode of manufacturing cloth, by which 
each of these operations was performed by hand labor. A 
similar advantage has been derived from its application to 
the use of grinding grain. In ancient times, this necessary 
business was performed by pounding grain with the hand, 
and was done by women. (See Mat. 24:41.) Water or 
wind mills like those of the present day were not in use. 
One miller with the assistance of the power of water upon 
machinery, now grinds as much, probably, as was in those 
days ground by twenty persons. 

§ 784. Wind also is a very valuable, as well as powerful 
agent, brought into the service of human industry. How 
great a number of men would it require to propel a large > 
vessel on the ocean, by means of oars ! It is probable that 
a long voyage would never have been performed ; perhaps 


render labor productive ? Illustrate the benefits of animate natural 
agents ? § 782. What are some of the inanimate natural agents ? 

$ 783. Illustrate the utility of water as an agent in production. 
§ 784. For what purposes is wind useful? For which of these pur- 



PRODUCTION.—NATURAL AGENTS. 


251 


it would never have been even undertaken. But by the 
help of wind, ships of the heaviest burthen may be carried 
around the globe. Wind is used also to a limited extent in 
driving mills and sundry kinds of machinery. As a stationary 
agent, however, it is less valuable than water, and is used 
for such purposes only as a substitute for water, where the 
latter is wanting. ( 

§ 785. Gunpowder is used for various purposes. The 
most important assistance which it affords to industry, is in 
blasting rocks. By means of this agent wells may be dug 
through solid rocks. But it performs a greater service 
where canals are to be excavated through, rocks. Projects 
for canals and rail-roads would often be of necessity aban¬ 
doned, or constructed at an immense cost, if the aid of this 
article could not be obtained in their construction. 

§ 786. Steam is a highly useful agent, and is used for a 

f reater variety of purposes than either of the preceding. 

'he most important uses for which it is employed, are, the 
propelling of vessels on the ocean and on rivers, and vehi¬ 
cles for the transportation of travellers and goods on rail¬ 
roads ; the moving of various kinds of machinery, &c. 

§ 787. Fire is an indispensable natural agent. Its uses 
ore so numerous and so familiarly known, as to render a 
particular enumeration of them unnecessary. In fact, 
without it, steam could not be created, gunpowder would be 
useless, metals could not be dissolved or softened, and, 
consequently, scarcely a useful instrument of labor, or 
valuable product could be created. 

§ 788. Hence we see the advantages resulting from a 
union of the natural agents with capital. Machinery and 
tools, which constitute an important item of capital, bring 
into the service of man numerous and very powerful natural 
agents, of whose assistance he could not otherwise avail 
himself. By this assistance, the productive power of man¬ 
kind is multiplied in a remarkable degree ; insomuch that 


poses is it most useful ? § 785. What ate the Uses to which gun - 
powder is applied ? Has the world been benefited by its use as an 
Instrument of war ? § 786. To what useful purposes is steam applied 7 

6 787. Mention some of the uses of fire , as an agent in production, 
| 788. By what moans are the natural agents brought into the ser 



252 


POLITICAL ECONOMY. 


one man, with the aid afforded by capital and the natural 
agents, can perform as much labor as many men can per¬ 
form without such aid. 

§ 789. This great increase of the productiveness of 
human industry, has led many persons to make objections 
to the introduction of machinery. They suppose that when 
a new machine takes the place of human labor, a great 
portion of the industrious laborers are thrown out of em¬ 
ploy ; and, as the use of labor-saving machinery lessens 
the demand and price of human labor, it has a tendency to 
depress the laboring classes of the community. But these 
objections will be found upon a slight examination to be 
without foundation. 

§ 790. The introduction of a new machine may cause a 
temporary derangement of human labor ; but this evil is 
more than counterbalanced by the advantages of employing 
machine labor. It requires no little time, after machines 
have been invented, to construct them, and bring them into 
general use; so that laborers will have time to find em¬ 
ployment in some other place, or some other department of 
industry. Many of them will be wanted to labor in the 
construction of the machines by which they expected to be 
deprived of employ: or rather, their labor will be merely 
transferred from one department of industry to another. 

§ 791. But let us see what direct benefits result from the 
employment of machinery. First, these laborers, in com¬ 
mon with all other consumers, now obtain the products 
manufactured by machine labor at a much reduced price ; 
for it must be remembered that as the labor of creating a 
product is diminished, the price of it falls. Secondly, the 
reduction of the price increases the consumption of a com¬ 
modity. More people will be enabled to purchase it; and 
it will also be used for new purposes ; so that the increased 
demand will give employment to as great a number of 
laborers as were occupied in its production before. 

§ 792. Before the invention of the art of printing, literary 


vice, of man ? § 789. What effect do some suppose labor-saving 
machinery has upon the laboring classes ? § 790. By what is this 

effect limited? §791. What are some of the direct benefits which 
result from the employment of machinery ? § 792. How were books 



PRODUCTION.—NATURAL AGENTS. 


253 


works could be had only by transcribing them from the 
original copy. By the introduction of the printing press, 
large numbers of copyists must have been thrown out of 
employment. But note the result. The greater ease of 
reading printed than written books, and the low price for 
which they could be afforded, immediately increased the 
demand for them. As improvements in printing have been 
going on, there have been a corresponding reduction of 
price and increase of demand for literary works. The con¬ 
sequence of this is, that the number of persons now em¬ 
ployed as printers, manufacturers of presses, type-founders, 
paper-makers, bookbinders, booksellers, &c., is probably 
much greater than the number which would be occupied in 
the manufacture of books if the art of printing had not 
been invented. 

§ 793. Similar results have been produced by the im¬ 
provements which have been made in the manufacture of 
cotton, woollen, and other goods. Not only have the poorer 
classes of consumers been enabled to procure the necessaries 
of life at lower prices, but the demand for their labor has 
been increased. This is owing, doubtless, to the facts be¬ 
fore stated : the reduction of price has brought them within 
the reach of a much greater number of consumers, and has 
caused them to be used for purposes to which they would 
not otherwise have been applied. 

§ 794. Witness, for instance, the cast iron business. A 
half century ago, this article was used for comparatively 
few of the most beneficial purposes to which it is at present 
applied. On every application of it to a new use, laborers 
in some department of industry must have been affected in 
some degree. The invention of the cast iron plough must 
have interfered with the business of the common black¬ 
smith, by destroying the demand for wrought iron shares. 
The extensive use of stoves has lessened the demand for 
the labor of the mason in building chimneys. Thus a few 
mechanics have been obliged to change, in some measure, 


obtained before the invention of printing ? Illustrate, by the effects 
of this invention, the benefits of labor-saving machinery ? § 793. 
What benefits have been realized from similar improvements in manu¬ 
facturing cloth ? § 794. State the benefits to mankind of the appli- 
22 



254 


POLITICAL ECONOMY. 


their employment; but who will say that even these, in 
common with all laborers, have not been greatly benefited 
by these inventions ? Aside from the gain to the farmer 
from the improved plough, and the saving to the poor, by the 
use of stoves, in the expense of fuel, and the conveniences 
in cookery; the increased demand for cast wares furnishes 
employment to a great number of laborers in the manufac¬ 
ture, transportation, and sale of these commodities, and in 
the erection of the buildings and machinery necessary for 
carrying on these several occupations. 

§ 795. But if the use of machinery, by increasing the 
productiveness of human labor, be injurious to the com- 
munity, the same objection will lie against all improvements 
which have similar effects ; and this would bring us back 
to the uncivilized or savage state, in which we should be 
under the necessity of satisfying our hunger by hunting, 
and of clothing our bodies with the skins of the beasts of 
the forest. 


CHAPTER VI. 

j Division of Labor. 

§ 796. We have seen how the different kinds of industry 
contribute to the production of wealth ; and how industry 
is assisted in this production, by the employment of capital 
and the natural agents. It will next be in order to consider 
the advantages of a division of labor. By division of labor 
is meant the separation of the different trades and occupa¬ 
tions from each other, and the employment of each indivi¬ 
dual exclusively in one kind of business, or in the performing 
of a single operation. 

§ 797. Without a division of labor, we can hardly con- 


cation of cast iron to some of its most useful purposes. 9 795. What 
would be the effect upon the industry of a country, of giving up the 
use of machinery ? 

§ 796. What do you understand by division of labor ? § 797. What 




PRODUCTION.—DIVISION OF LABOR. 255 

ceive the existence of civilized society. It is this arrange¬ 
ment, which, perhaps, more than any thing else, causes the 
difference between civilized and savage nations. In the 
latter, each individual supplies himself with all the neces¬ 
saries he enjoys ; whereas, in every civilized community, it 
is common for each person to labor at a single employment. 
In general, the farmer is nothing but a farmer ; the manu¬ 
facturer nothing but a manufacturer ; and the merchant 
nothing but a merchant. And it is each one’s confining 
his labor to one branch of industry, that renders it in the 
highest degree productive. 

§ 798. Suppose a farmer, besides cultivating his land, 
should undertake to build his houses and barns, make his 
own ploughs, carts, hoes, spades, and other farming uten¬ 
sils ; shoes and hats for himself and his family; also his 
chairs, tables, and other household wares. It will readily be 
supposed that he must labor to a very great disadvantage; 
and that he will be poorly furnished with the necessaries 
of life. He must have as many sets of tools as there are 
different kinds of articles to be made. These would cost a 
large sum. And then he must use them many years before 
he could manufacture an article with facility and despatch. 
Probably he would never be able to perform half as much 
labor in a given period of time as he who pursues a single 
occupation. 

§ 799. Hence the labor of a farmer is most productive 
when he applies himself wholly to the cultivation of his 
farm ; because what he produces over and above what he 
wants for his own consumption, will buy more of the other 
necessaries than he could make in the same time with his 
own hands. The division of labor, is not, however, carried 
to the same extent in agricultural as in other kinds of in¬ 
dustry ; the farmer often finds seasons of leisure in which 
he may profitably employ himself in doing things which 
appropriately belong to other trades. Still the general prin¬ 
ciple holds good, that each branch of industry is more prof¬ 
itable when carried on separately, than when it is united 


is the effect of a division of labor upon society? Upon industry? 
§ 798. Illustrate the consequences of a union of the several occupa. 
tions. § 799. Show how the labor of a fanner becomes most product. 



256 


POLITICAL ECONOMY. 


with others in the same hands, because a greater amount 
of value is created. 

§ 800. By this division of labor, the actual wants of every 
member of the community are better supplied than they 
would be if each should attempt directly to produce or 
manufacture all the necessaries of life. Every person, en¬ 
gaged in any occupation, wants a portion of the products 
of other trades or employments. All are equally depen¬ 
dent on each other. Hence it is for their mutual interest 
to supply each other with those things which they do not 
produce for themselves. The wants of all may thus be 
more ‘promptly as well as more cheaply supplied. If the 
farmer should break his plough or his scythe, he may very 
soon procure a new instrument from the manufacturer or 
the merchant; whereas, if his proper business should be 
suspended until he could supply the place of the broken 
instrument with his own hands, he must suffer a material 
loss. 

§ 801. Not only is labor rendered more productive by a 
separation of the different trades, but its productiveness 
may be still farther increased, by proper economy in the 
application of labor. For instance, a chair maker does not 
finish each chair before he begins another. He usually 
commences by “ getting out the stuff,” as it is called, for a 
large number, and preparing it all for the lathe ; the pieces 
are then all turned ; next they are all framed together; and 
lastly the chairs are all painted. 

§ 802. But where a number of men labor in the same 
manufactory, it would be still better economy to assign to 
each a distinct operation: to one, the preparing of the tim¬ 
ber ; to another, the turning; to a third, the framing, and 
so on to the finishing operation. Not only can a greater 
amount of labor be performed in this manner; but there is 
also a great saving of capital by this arrangement. If each 
laborer were to perform all the several operations, each 


ive when limited to the business of cultivation. § 800. Are the 
wants of all persons better supplied by each one’s working at one 
kind of business ? Give an example. § 801. By what economy of 
labor may the productiveness of industry be farther increased ? Give 
an instance. § 802. By what subdivision of labor might a still greater 
amount of products be created ? What effect has this arrangement 



PRODUCTION.—DIVISION OF LABOR. 257 

must have a complete set of tools and machinery. In some 
kinds of manufacture, these would require a great outlay. 
But by the division of labor above described, one set of tools 
would be sufficient for the whole. 

§ 803. To illustrate the benefits of a division of labor, 
Dr. Smith, in his Wealth of Nations, cites for an example 
the manufacture of pins. One man draws out the wire; 
another straightens it; a third cuts it ; a fourth points it ; 
a fifth grinds it at the top for receiving the head ; to make 
the head requires two or three distinct operations; to put it 
on is a peculiar business; to whiten the pins is another; 
and it is a trade by itself to put them into the paper; the 
whole labor, he says, consists of about eighteen distinct 
operations. He states, that in a small manufactory, where 
ten men only were employed, and where, consequently, 
some of them performed two or more distinct operations, 
twelve pounds, or about 48,000 pins were made in a day* 
the labor of each being equal to the making of 4,800 pins. 
But if all had wrought separately and independently, and 
without experience, each would probably have made no more 
than 20 pins in a day. 

§ 804. The great increase in the quantity of work which 
may be effected by a division of labor, is evidently owing, 
in part, to the increase of dexterity in every particular 
workman. A person working constantly at the same em¬ 
ployment, or upon a single operation, for a number of years, 
will become more and more skilful A common blacksmith, 
who manufactures the various articles in his line of business, 
cannot make half as many nails in a day as a lad of six¬ 
teen years of age, who has labored but a year exclusively 
at the manufacturing of this article. 

§ 805. Another advantage of a division of labor, con¬ 
sists in the saving of time usually lost in passing from one 
sort of work to another, and in acquiring a handy use of 
tools to which a workman has not been accustomed. A 
man pursuing the several occupations of farmer, blacksmith, 


upon capital ? § 603. Can you illustrate the advantages of the 

•division of labor by the pin manufacture ? § 804. Why can a person 

laboring at one employment, or upon one operation, produce more 
than when his labor is not thus confined ? § 8Q5u What disadvanta- 
22 * 


17 




258 


POLITICAL ECONOMY. 


and cabinet-maker, must needs lose time in going from shop 
to shop, and from his shops to his fields. And in the transi¬ 
tion from one to the other, there is more or less loitering, 
as the attention is not readily fixed upon a new object. 

§ 806. Again, the invention of labor-saving machines, 
and the improvements which are from time to time made in 
them, owe their origin, in most instances, to the division of 
labor. When the attention of a man is kept steadily upon 
a single object, he will be much more likely to discover 
some easier mode of attaining it, than when his attention is 
divided among a number of objects. Persons most skilful 
in any business, are commonly those who, after a long and 
steady application to that particular business, have contrived 
some improvement in the manner of performing it. 

§ 807. There is yet another and an important advantage 
realized from a division of labor. In some kinds of busi¬ 
ness, many things may be done by persons of little ex¬ 
perience, and by women and children, whose labor costs 
much less than that of experienced adult males. In the 
manufacture of books, for example, it would not be good 
economy to employ men exclusively whose labor would cost 
from one dollar to two dollars a day, when boys may be 
employed to set and distribute, and to ink the types, and to 
dry the printed sheets ; and females to fold the sheets, and 
sew them into books ; who will perform an equal quantity 
of labor in these operations, for fifty cents a day. The 
same economy is practised in the manufacture of cotton 
and woollen cloths, paper, &e., and to some extent even in 
agricultural and commercial business. 

§ 808. But the division of labor is often- limited by una¬ 
voidable circumstances. When the demand for any product 
is small, the highest degree of productiveness cannot be at¬ 
tained by a division of labor. For example ; labor in the 
manufacture of pins is most productive when each of the 


ges attend the passing from one kind of business to another ? § 806. 

Are inventions, to any great extent, to be ascribed to the division of 
labor ? How do you account for this-? § 807. What other advan¬ 
tage is realized from a division of labor ? Give two or three examples- 
of the economy of employing women and children. § 808. Is there 
any limit to the division of labor? Show the effect of a limited de. 



PRODUCTION.—DIVISION OF LABOR. 259 

eighteen distinct operations is performed by one person. 
But if the 48,000 pins daily made were more than sufficient 
to supply the consumers of this article, either the laborers 
must be idle a part of the time, or a smaller number must 
be employed in the business. But in the latter case, seve¬ 
ral operations must be performed by one person; conse¬ 
quently the productiveness of each man’s labor would be 
diminished. 

§ 809. In a populous city, one merchant deals exclusively 
in dry goods, another in hardware, and another in shoes; 
and not unfrequently in one or two commodities only. But 
in a country village, the amount sold of any one kind of 
goods would not furnish employ for an establishment. Hence, 
in such places, every merchant finds it necessary to trade in 
all kinds of wares and commodities which are wanted by 
the inhabitants around him. 

§ 810. Again, the division of labor is limited by capital. 
A manufacturer of small capital cannot give employment to 
as many laborers as one who possesses a large capital; be¬ 
cause the greater the number of workmen employed, the 
greater must be the supply of raw materials to be manu¬ 
factured, and the greater also must be the daily expenditures 
in the wages of laborers. And the division of labor will 
be still more restricted, if the business be of that kind, the 
products of which do not bring quick returns. For it is 
evident, that one who disposes of the products of his labor 
as soon as they are created, or on short credit, requires less 
capital than one who could not avail himself of the proceeds 
of his industry oftener than once a year. 

§ 811. If in the manufacture of a coach, there were five 
distinct operations, a perfect division of labor would require 
the employment of five workmen. Now if coaches were sold 
on a credit of six months, and if these five workmen should, 
within that period, produce carriages to the value of 82,000 ; 
a capital of this amount would be necessary to conduct an 


mand of products upon the division of labor. § 809. Illustrate this 
effect in the case of merchants. § 810. Can a person of small capital 
avail himself of the same degree of benefit from the division of labor, 
as one of large capital? Why not? §811. Explain, by example, 
the advantages of large capitaL 



260 


POLITICAL ECONOMY. 


establishment of this description, in which the division of 
labor should be complete. But if the proprietor had a cap¬ 
ital of only $1,000, it is evident he could not employ the 
same number of workmen; some of them must perform 
several distinct operations ; the labor and capital employed 
would be less productive; and, consequently, the products 
of this branch of industry must be sold at higher prices. 


CHAPTER VII. 

Division and Security of Property, an Encouragement to 
Industry. 

§ 812. Without a division of property, there would be 
little or no encouragement to industry. By a division of 
property is meant, that the total amount of the property of a 
community is divided among its members, so that each has 
a right to a certain part, which he can call his own, and to 
which no other person has a right. Without such a divis¬ 
ion, no man would be induced to lay up or preserve any 
thing; for men are little disposed to work for what they 
have no better right to than other men. This is the case with 
the Indian tribes. The land is held by them in common. 
No one can call any part of it his own ; and no one is stim¬ 
ulated to industry. The highest object of each appears to 
be, to obtain a hut for his shelter, and the scanty fare on 
which he subsists from day to day. Hence, in every indus¬ 
trious community, enjoying the comforts of life, there is a 
division of property. 

§ 813. The security of property also, is indispensable to 
the encouragement of industry. No community will be 
prosperous, unless its members be protected in the free en¬ 
joyment of the fruits of their labor. If what a man pro¬ 
duces by his industry might be taken from him by others. 


§ 812. What is meant by a division of property ? What is its effect 
rapon society ? § 813. What evils naturally result from the insecurity 




PRODUCTION.—SECURITY OF PROPERTY. 261 

there would be no inducement to labor for any thing beyond 
a bare subsistence. If in this country the right of property 
should cease to be protected, men would cease to labor. 
Industrious and orderly citizens would soon become indolent 
and vicious, and robbery and plunder would soon reduce all 
to a common level in poverty and debasement. 

§ 814. In a despotic government, the people are usually 
poor and indolent, because the sovereign ruler has the power 
to dispose of their property. There is little encouragement 
to be industrious, since whit is gained by labor is liable to 
be taken from its owner at the pleasure of the despot. 
Slaves are seldom industrious : the reason is, that what they 
earn is entirely at the disposal of their masters. They 
labor only because they tre compelled to do so in order to 
avoid punishment. 

§ 815. To protect markind in the free enjoyment and use 
of the fruits of their labor, is the end of civil government. 
And it is the duty of the public authority, to encourage and 
promote industry by every means consistent with the rights 
and liberties of the citizens. It ought to secure to every 
person the free use ani employment of his faculties, in 
such manner as he thinks most advantageous to himself, and 
te leave each to pursue such calling as he may prefer. It 
is because these privileges are enjoyed by the people of free 
governments, that they are more properous and wealthy than 
those under arbitrary governments. 

§ 816. The security of the right of property is equally 
beneficial to all classes of society ; to the poor as well as to 
the rich. If property were not protected, a sufficient quan¬ 
tity would not accumulate in the hands of any portion of the 
community, to enable it to give employment to other portions. 
The poor would be deprived of the means of supplying their 
necessities, and, consequently, of the ability to accumulate 
wealth. They have, therefore, an equal interest with the 
rich, in the security of property; for where this security 
is enjoyed, the poor may themselves become possessed of 
wealth. 


of the right of property ? § 814. What effect has tyranny upon the 
industry of the people ? § 815. How is the right of property secured 
to the members of a community ? $ 816. In what respect are ths 



262 


POLITICAL ECONOMY.- 


§ 817. The unequal distribution of wealth among the 
members of a community, is caused, chiefly, by the differ¬ 
ent degrees of industry and enconomy prevailing among 
them. Sometimes, however, men are, by unavoidable or 
accidental circumstances, either reduced to poverty, or raised 
to a state of affluence. But these are only exceptions to the 
general rule. If an equal divisionof property were to be made 
among any people enjoying the right of property, inequality 
would soon reappear, and to the same extent as before. 
How unwise, then, are those wlo think the happiness of 
society would be augmented by making an equal distribution 
of property! 

§ 818. The encouragement of industry requires, farther, 
that every man be left free to employ his labor and capital 
as he may choose ; and that no unjust preferences be given, 
nor undue privileges granted, to some individuals over others, 
in facilitating the acquisition of wealth. Hence, a certain 
species of exclusive rights, properly called monopolies, .are 
highly objectionable. A monopoly bieans the sole power or 
privilege granted to an individual br to a company, to buy 
and sell specific articles, or to trad* with some particular 
country. Monopolies are often ptejudicial to the public 
interest; because they enable these privileged persons to 
extort from others unreasonable prices, and unjust contri¬ 
butions. 

§ 819. The same objections do na(;, however, lie against 
all companies incorporated by public authority- Corpora¬ 
tions are sometimes created which are of great public utility. 
Roads, bridges, and canals have beer constructed by com¬ 
panies authorized to levy contributions upon persons who 
pass or transport goods on them. Tl ( ese, strictly speaking, 
are not monopolies; because those wI\o use these passages 
derive from their use a benefit equal, or more than equal, to 
the sum paid for such benefit; and also because every per¬ 
son is at liberty to use any other public road or channel of 
transportation. 

poor benefited by the security of property? 4 817. How is the ine¬ 
quality of property among mankind to be accounted for ? § 818. Are 

monopolies favorable to industry ? What is a monopoly ? § 819. Are 

ah incorporations monopolies ? Why are not railroad and canal com- 



PRODUCTION.—PROTECTIVE DUTIES. 


263 


§ 820. Companies incorporated for these and other pur¬ 
poses are by some objected to, because the works which they 
construct, often prove to their proprietors a source of great 
wealth. But it must be considered, that such enterprises 
are attended with great expense and often with risk; and 
it is proper that those who run great risks should receive 
liberal encouragement. Many of the most useful works 
would never have been constructed without such encourage¬ 
ment ; for no prudent man will invest a large capital in an 
uncertain undertaking, which does not afford the prospect 
of liberal remuneration. 


CHAPTER VIII. 

The Encouragement of Domestic Industry by Protective Duties . 

§ 821. The object of protective duties has been stated to 
be the encouragement of domestic industry, in order to 
render a nation independent of foreign nations for the ne¬ 
cessaries of life. But the inquiry whether any government 
regulations of this kind have a favorable or unfavorable 
effect upon the productive industry of a nation, comes prop¬ 
erly within the province of political economy. 

§ 822. Among the numerous subjects embraced in this 
science, none has been more elaborately discussed by polit¬ 
ical economists, both writers and public statesmen, than the 
subject of protective duties; and yet there is none, proba¬ 
bly, upon which there exists a more direct contrariety of 
opinion. 

§ 823. Most of the authors of those treatises on political 
economy which are in general use in this country, and 
which are also in high repute in other countries, adopt and 
advocate what is called the system of free trade. They 


panies monopolies ? § 820. Why is the prospect of a liberal remunera¬ 

tion necessary to induce investments in great enterprises ? 

§ 821. What are protective duties ? What is their object ? § 823. 
What is their supposed effect ? § 824. Give an example illustra- 




264 


POLITICAL ECONOMY 


consider all duties upon foreign productions as unjust taxes 
upon the consumers of the commodities thus protected; the 
effect of which is, the collecting of capital in the hands of 
the few, (the manufacturers,) and the impoverishment of 
the great mass of the community. 

§ 824. The effect of the system may be explained, thus ^ 
Foreign broadcloth of a certain quality may be bought for 
four dollars a yard ; but cloth of a similar quality cannot bo 
manufactured at home for less than five dollars a yard. Iu 
this case, no domestic doth would be manufactured, because 
no man would manufacture it if he could not sell it for as 
much as it cost. But if the government should lay a duty 
of fifty per cent, on foreign cloths, those which had been 
bought for four dollars a yard, would now cost six dollars a 
yard; for if the importer paid the duty of two dollars a 
yard, he must add the same to the price of the cloth. But 
as the home article can be afforded for a less price, no for¬ 
eign cloths would be imported, and whatever more than 
four dollars should be paid for domestic cloth, would be 
taken from the pocket of the consumer, for the benefit of 
the manufacturer, 

§ 825. A private individual will employ his capital in such 
business as he finds to be most profitable } and with a part of 
his products, he will buy whatever he has occasion for. A& 
has been observed, the hatter employs his whole capital in 
making hats; the tailor and shoemaker employ theirs in 
their respective trades; and each exchanges the products 
of his industry and capital for other things of which they 
may stand in need. And they do so, because they can pur¬ 
chase these necessaries with less labor than it would cost to 
make them, or produce them in any other way. 

§ 826. As with individuals, so with nations : $f a foriegn 
country can supply us with any commodity more cheaply 
than we can produce it, it is better for us to buy it with 
what we can produce to better advantage. The whole cap¬ 
ital of a country will be employed in the business of pro¬ 
duction, and in such branches of industry as are most natu^ 


ting the effect of a protective duty. § 825, 826. Show the analo¬ 
gy which is supposed to exist between the profitable employment of 
capital by individuals and that of nations* § 827. In what case is it 



PRODUCTION.—PROTECTIVE DUTIES. 26& 

ral, and afford the greatest profit. Therefore, to divert the 
capital and industry of a country from their natural channel r 
must render them less productive. 

§ 927. Suppose that a certain amount of the capital of 
this country is invested in agriculture ; and that one half of 
the products of this branch of industry will buy all the man¬ 
ufactured goods wanted for domestic consumption. Now 
if one half of the capital so invested in agriculture, were 
withdrawn from that department of industry, and employed 
in manufactures ; and if it should not, in the latter employ¬ 
ment, produce an equal amount of goods, the nation must 
sustain a loss. If, to supply the people of the United States 
with cotton and woollen manufactures, it were necessary to 
employ fifty millions of dollars of capital, when thirty mil¬ 
lions invested in agriculture would produce an equal amount 
of value, it would be economy to employ capital in the lat¬ 
ter business, and exchange the products of agricultural, for 
those of manufacturing industry. 

§ 828. Another disadvantage of the protective policy, 
according to economists, is, that by raising the price of 
cloth, a large portion of the consumers, those of the poorer 
classes, would be unable to purchase, and the demand for it 
will be lessened. Farther, if the price should be increased fifty 
per cent., two yards would cost as much labor as three yards 
did before the duty was laid. And, although the whole in¬ 
dustry of the country will be employed in production, it will 
be less profitably employed than before. But as capitalists 
are protected, the loss necessarily falls upon the laborers, 
who are obliged not only to pay higher prices for the goods 
they buy, but also to work for lower wages than formerly. 

§ 829. Hence the policy of economists is, to leave things to 
take their natural course. Let capital and industry be left 
entirely free from all interference on the part of the gov¬ 
ernment. They will naturally be employed where they can 


supposed that the withdrawal of capital from any branch of industry 
would be injurious to production ? § 828. What is the supposed effect 

of protection upon the industrious and poorer classes ? What effect 
upon production ? § 829. What is supposed to be the result of leav¬ 

ing the capital and industry of the country entirely free from govern, 
ment regulations ? 


23 



266 


POLITICAL ECONOMY. 


be made most productive. In a new country, where land 
is cheap and capital small, agriculture is the natural and 
the most profitable employment. As a country increases 
in population, and the price of land becomes dear, the grow¬ 
ing capital of such country will naturally and gradually be 
invested in manufactures. And, in due time, the super¬ 
abundant capital will be extended to foreign commerce. 
Hence, it is presumed, that all efforts on the part of gov¬ 
ernment to increase production, by diverting the capital and 
industry of a nation from their wonted channel, not only 
fail of their intended object, but work a direct injury. 


CHAPTER IX. 

The Encouragement of Domestic Industry by Protective 
Duties, continued. 

§ 880. The preceding chapter contains the views of some 
of the most distinguished writers on political economy, in 
relation to the effects of the attempts of public authority to 
increase the prosperity and wealth of a nation, by encour¬ 
aging domestic industry by protective duties. The theory 
of these economists has, however, been rejected by a major¬ 
ity of the statesmen of the principal European nations, and 
of this country; and as this theory has been hitherto con¬ 
travened by thfe established policy of the most prosperous 
commercial nations, it is thought proper to state the argu¬ 
ments and reasons by which this policy is supported ; as the 
question whether the protective system shall be abandoned 
or perpetuated in this country, must be decided by those 
who are to be our future legislators. 

§ 831. Says Mr. Say, “ With respect to the wild or anti¬ 
quated theories so often produced and reproduced by authors 
who possess neither sufficiently extensive nor well-digested 


§ 830. Does the theory of economists noticed in the preceding chap 
£ex comport with the practice of nations ? § 832. What has been the 




PRODUCTION.—PROTECTIVE DUTIES. 267 

information to entitle them to form a sound judgment, the 
most effectual method of refuting them is to display the true 
doctrines of the science with still greater clearness, and to 
leave to time the care of disseminating them. We other¬ 
wise should be involved in interminable controversies, afford¬ 
ing no instructmn to the enlightened part of society, and 
inducing the uninformed to believe, that nothing is suscepti¬ 
ble of proof, inasmuch as every thing is made the subject 
of argument and disputation.” 

§ 832. The ability of this writer is universally acknowl¬ 
edged ; but, although he displays most of the doctrines of 
political economy with great clearness, the subject under 
consideration is one on which statesmen of the highest 
eminence differ from him. The doctrine of protection 
is doubtless one of the “ antiquated theories” alluded to in 
the above quotation. They are, however, theories which 
have been carried into practice by nations enjoying the 
highest degree of prosperity; and as this prosperity is so 
extensively attributed to the policy of encouraging domestic 
industry by protective duties, the opinions of these states¬ 
men are deemed worthy of a place in this work. 

§ 833. The advocates of protection do not admit that 
the tax on importations is a loss to the consumer to the 
amount of the duty paid. They admit that the duty im- 
posed on a foreign product generally causes a rise in the 
price of such product; but they maintain, that this rise will 
continue but a short time ; and that the advantages which 
are derived by the community from the encouragement 
given to industry, overbalance all the inconvenience and loss 
that may have been occasioned by the imposition of the 
duty. This is accounted for on natural principles, and proved 
by facts. 

§ 834. First, the conducting of a new business is generally 
attended with some disadvantage, for the want of the re¬ 
quisite skill and economy : but these are l eadily acquired 
by a short experience. Secondly, when any business is 
effectually protected, it draws into it many adventurers; large 


policy of the most prosperous nations ? § 833. What effect do the 

friends of production ascribe to protective duties ? § 834. Upon what 

principles is the reduction of the prices of protected products ac- 



268 


POLITICAL ECONOMY. 


investments of capital are made in it; the market is speedi¬ 
ly tilled with its products by the numerous producers ; and 
each, not only desirous, but obliged to sell, will offer his 
goods at such prices as will ensure their sale. Thus, with 
the progressive improvements in machinery, and increase of 
skill in manufacturing, the productiveness of* this branch of 
industry increases, and prices fall. 

§ 835. But the friends of the protective system maintain, 
that the nominal price of a domestic commodity may remain 
above the price at which the foreign could be purchased 
were it free of duty, and yet the consumer may find the 
domestic the cheapest. The cheapness of a commodity de¬ 
pends upon the means and ability of the consumer to pay 
for it. If the farmer, for instance, cannot sell what he 
produces, he cannot buy. If foreign nations will not receive 
our products in exchange for their own, we cannot buy of 
them at any price. And as that is the cheapest which costs 
the least amount of labor, a domestic product, at a much 
higher nominal price, may be cheaper than the foreign. 
When the demand for a commodity is not equal to the 
amount produced, the price must fall; and if there be no 
demand for it, the production must be abandoned altogether. 

§ 836. By the encouragement of manufactures, a de¬ 
mand for agricultural products is created at home. This 
home market so raises the price of the produce of the soil, 
as to enable the farmer to pay a higher price than before. 
This market is made by drawing off a portion of the capital 
and labor of the country from agriculture, and investing 
them in another branch of industry. By this means, the 
number of producers of agricultural products is compara¬ 
tively diminished, while the number of consumers of these 
products is greatly increased: and thus the consumption 
and production of the country are in a measure equalized. 

§ 837. Suppose three fourths of the people of the United 
States to be engaged in agriculture, and the remaining one 


counted for ? § 835. Is the cheapness of an article invariably de¬ 
termined by the amount of its nominal price ? Why not ? § 836. 
What effect has the encouragement of manufactures upon the market 
for agricultural products ? How is this accounted for ? § 837. What 

would be the effect of a superabundance of agricultural products upon 



PRODUCTION.—PR0TECTV72 DUTIES. 


269 


fourth to constitute the professional and mechanical classes; 
and suppose that one half of the produce of the former is 
sufficient to supply the whole population of the country. 
Now, if there were no foreign demand for the surplus pro¬ 
ducts of agricultural labor, such labor would be poorly 
paid, and agricultural produce would bear a low price. 
Suppose, however, that the price of wheat is now one dol¬ 
lar a bushel, and foreign broadcloth four dollars a yard, as 
in the case before supposed. (§ 824.) 

§ 838. We will next suppose that the government, in 
order to encourage domestic manufactures, imposes a duty 
of fifty per cent, on foreign broadcloth. A part of the 
capital of the country will now take a new direction. New 
employment will also be given to a part, (one third let us 
suppose,) of the three fourths of those who had been engaged 
in agriculture, who will now find employ in the erection of 
manufactories, the making of machinery, &c.; and also m 
the construction of roads and canals ; for it is to be pre¬ 
sumed, that the increased demand for domestic products of 
various kinds, which are to be conveyed from one part of 
the country to the other, will require increased facilities of 
transportation. 

§ 839. One half only of the laboring population will now 
be employed in agriculture; and the non-producers of 
agricultural products composing the other half, being twice 
as numerous as before, it will be reasonable to suppose that 
the price of wheat will be at least one dollar and fifty cents. 
If now the price of broadcloth be six dollars a yard, the 
same quantity of wheat will purchase a yard as when the 
price of cloth was four dollars. But as the domestic article 
can be afforded for five dollars a yard, we may presume 
that the competition among the manufacturers will have re¬ 
duced the price to five dollars. In this case, a less quantity 
of wheat will buy a yard of cloth than before. And if, as 
it is said facts have proved, articles of home manufac¬ 
tures eventually become as cheap as the foreign, the con¬ 
sumer will realize a still greater benefit from the protection. 


prices and labor ? § 838. What, in this situation of things, would be 
the consequence of a duty on foreign manufactures ? § 839. What 
will be the results of increasing the proportion of manufacturing 

23 * 



270 


POLITICAL ECONOMY. 


§ 840. The result, however, of no measure can be cal¬ 
culated with mathematical accuracy; but it is believed, 
that, in the case above supposed, the benefits ascribed to 
protection do not exceed what may be reasonably antici¬ 
pated ; because the impulse given to all branches of in¬ 
dustry by the increased demand for labor, will have a 
tendency to stimulate each laborer to perform a greater 
amount of labor; and every advance towards perfection 
in manufactures causes a decline in the price of manufac¬ 
tured products. 

§ 841. Dr. Smith admits that there are “two cases in 
which it will generally be advantageous to lay some burden 
upon foreign, for the encouragement of domestic industry.” 
First, to encourage a particular sort of industry necessary 
for the defence of the country. Thus, the security of a 
nation is said to depend much upon the number of its sailors, 
and the extent of its shipping ; and to encourage the build¬ 
ing of ships, nations have enacted laws granting peculiar 
privileges to their own navigation. In the navigation act 
of Great Britain, enacted many years ago, a provision was 
inserted, requiring that no ships, except those whose owners 
or masters and three fourths of the mariners were British 
subjects, should be permitted to trade to British settlements 
and plantations, or be employed in the coasting trade. 
The navigation laws of this country also, give a prefer¬ 
ence to our own shipping, by the imposition of discriminat¬ 
ing duties. 

§ 842. For the same object, the security of the nation, a 
government may, it is said, encourage by duty, the manu¬ 
facture of gunpowder, and other munitions of war, that in 
ease of an interruption of its trade with other nations in 
times of war, it may not be dependent on them for the 
means of defence. But if it be proper for a nation to make 
itself independent of others for these, why is it not expe¬ 
dient to be independent for food and clothing also ? The 


tabor ? § 840. How does the demand for labor affect the quantity 
performed by each laborer ? How does improvement in manufactures 
affect their price ? § 841. For what reason does Smith admit the 

propriety of encouraging domestic navigation, by discriminating du¬ 
ties ? § 842. What particular articles of manufactures are en- 



PRODUCTION.—PROTECTIVE DUTIES. 271 

want of these, though less serious at such a crisis, would 
be attended with great inconvenience and difficulty. 

§ 843. The second case in which the propriety of a tax 
upon foreign industry is admitted, is, when a commodity of 
home production is already subject to duty abroad. It 
may then be proper to impose a duty on a like article of the 
foreign country. Suppose that the United States were at 
present dependent for manufactured goods on Great Bri¬ 
tain ; and that the latter should exclude our agricultural 
productions from her markets by prohibitory duties, choos¬ 
ing to supply her own population. It is evident that we 
could gain nothing by imposing a like duty upon her grain , 
because she produces none for exportation. Would it not 
be necessary to tax her manufactures ? 

§ 844. But it is said, that two countries seldom excel in 
the production of the same kind of commodities ; and that 
it is for their mutual interest to confine their industry to the 
production of those commodities in which they respectively 
excel, and to procure, by exchange, what they do not them¬ 
selves produce. But nations may mistake their true in¬ 
terests ; and, therefore, whether a nation injure or benefit 
itself by a restrictive policy, other nations can gain the 
advantages of equal trade, only by the adoption of a similar 
policy. 


CHAPTER X. 

The Encouragement of Domestic Industry , continued.—Origin 
of the Protective System in this country. 

§ 845. In the last two chapters have been presented, brief¬ 
ly, the opinions of political economists, concerning the policy 
of encouraging domestic industry by protective duties. As 


couraged for the same reason ? § 843. In what other cases is the 

propriety of a tax on foreign industry admitted ? § 844. In what 
case does the adoption of a restrictive policy become necessary ? 




272 


POLITICAL ECONOMY. 


the protective principle constitutes one of the most promi¬ 
nent features in the policy of the principal commercial 
nations; and as it is deemed important that every citizen 
understand the measures of the government under which 
he lives; it is proposed, for the benefit of the American 
student, to pursue the subject in the present chapter, by ex¬ 
hibiting the authority and reasons for the adoption of the 
protective system of the United States; together with its 
origin, progress, and supposed practical operations. 

§ 846. The inefficiency of the former government of the 
United States, has frequently been alluded to in the progress 
of this work. One of the material defects of the confed¬ 
eration, was considered to be the want of provision for 
countervailing the restrictions imposed upon our trade and 
commerce by foreign nations. Soon after the peace of 1783, 
and the restoration of commerce between this country and 
Great Britain, the disadvantages of the restrictive measures 
of the latter began to be again realized. Complaints be¬ 
came general; and attempts were made by the states, sep¬ 
arately, to counteract the unequal laws of Great Britain. 
But owing to the weakness of the federal government, and 
the want of concurrence among the state governments, in 
any system of measures, she was enabled to avail herself 
of the benefits of the freedom of trade allowed by our laws, 
and the monopolies secured to her by her own. 

§ 847. A convention of commissioners from the several 
states was at length proposed, for the purpose of providing 
some remedy for the evils complained of. Commissioners 
from some of the states assembled; but finding their powers 
inadequate, they proposed a convention on a more enlarged 
plan, for a general revision of the federal government. 
“ From this convention,” says one of its members, (Mr. 
Madison,) “ proceeded the present federal constitution, which 
gives to the general will the means of providing, in the 
several necessary cases, for the general welfare; and par¬ 
ticularly in the case of regulating our commerce in such 
manner as may be required by the regulation of other coun- 


§ 846. What was the condition of this country after the peace of 
1783, in respect to its trade with Great Britain ? § 847. What meas¬ 
ures were taken to remedy the evils complained of? § 848. What 



PRODUCTION.—PROTECTIVE DUTIES. 273 

tries.” At the first session of the first congress under the 
new constitution, a law was passed, one of the declared 
objects of which was, “ the encouragement and protection 
of domestic manufactures, by duties on goods, wares, and 
merchandise imported.” 

§ S48. The opinions of the framers of the government 
respecting the expediency of encouraging domestic industry 
by protective duties, were the same as are held by the 
advocates of protection at the present day. It was the 
opinion of Washington, that “ our country ought not to 
remain dependent on foreign supply, always precarious, 
because liable to be interrupted.” 

§ 849. It was remarked by Mr. Jefferson, that, “ when a 
nation imposes high duties on our productions, or prohibits 
them altogether, it may be proper for us to do the same by 
theirs.” In relation to the protection of manufactures, he 
observed: “ The oppressions on our agriculture, in foreign 
ports, would thus be made the occasion of relieving it from 
a dependence on the councils and conduct of others, and of 
promoting arts, manufactures, and population at home.” 
At a later period, he remarked that “ the history of the last 
twenty years had been a sufficient lesson for us to depend 
for necessaries on ourselves alone.” 

§ 850. In recommending to congress some action upon the 
subject of protection, Mr. Madison, after expressing the 
belief that manufacturing industry, by a proper encourage¬ 
ment, “ will become, at an early day, not only safe against 
competitions from abroad, but a source of domestic wealth, 
and even of external commerce,” continues as follows: “ In 
selecting the branches more especially entitled to the public 
patronage, a preference is obviously claimed by such as will 
relieve the United States from a dependence on foreign sup¬ 
plies, ever subject to casual failures, for articles necessary 
for the public defence, or connected with the primary wants 
of individuals.” 

§ 851. Respecting the effect of protection upon price, 


was the opinion of Washington on the propriety of protection ? § 849. 

State the reasons of Jefferson in favor of the same principle. § 850. 
For what reasons did Madison recommend the subject to the action 
of Congress ? § 851. What was the opinion of Hamilton as to the 


19 



274 


POLITICAL ECONOMY. 


Mr. Hamilton observed: “ When a domestic manufacture 
has attained to perfection, and has engaged in the prosecu¬ 
tion of it a competent number of persons, it invariably be¬ 
comes cheaper.” “ The internal competition which takes 
place, soon does away every thing like monopoly, and, by 
degrees, reduces the price of the article to the minimum of 
a reasonable profit on capital employed. This accords with 
the reason of the thing and with experience.” “ In a na¬ 
tional point of view, a temporary enhancement of price 
must always be compensated by a permanent reduction 
of it.” 

§ 852. The opinions above cited accord with those of our 
statesmen in later times, in the following particulars : (1.) 
The superiority of a home market, on account of its greater 
steadiness and certainty; (2,) the inexpediency of being 
dependent for necessaries on foreign nations ; (3.) the ulti¬ 
mate reduction of price as the effect of the protection of 
domestic industry. And the encouragement of domestic 
manufactures was recommended by every administration, 
(unless the second be an exception,) for more than thirty 
years, under the present constitution, before any general 
system of protection was established ; the demand for our 
agricultural products, caused by the wars in foreign coun¬ 
tries and in our own, during a great part of that period, 
rendering it less necessary. 

§ 853. But the causes which had kept up this demand for 
American produce having ceased to exist, a law was enacted 
in 1816, having in view the encouragement of domestic in¬ 
dustry by protective duties. Among the principal articles 
of manufacture protected by this act, were coarse cotton 
goods. In 1824, a general act was passed, amending all 
former acts, greatly extending the tariff, and giving more 
offectual encouragement, by increased duties, to such man¬ 
ufactures as were supposed not to be adequately protected 
by the laws then existing. 

§ 854. This act, however, did not pass without strong 


effect of protection on the price of protected products ? § 852. What 
arc the principal advantages which were then considered to attend the 
encouragement of domestic industry ? § 853. What was the object 

of the law of 1816 ? When was the general tariff act passed ? § o54. 



PRODUCTION.—PROTECTIVE DUTIES. 275 

opposition. It was said, that the protection of manufac¬ 
tures would ruin the agricultural and commercial interests. 
The contemplated duties would be taxes to their full amount 
upon the consumers of all articles protected. The laboring 
classes of the community would be depressed for the exclu¬ 
sive benefit of the manufacturers, who would reap excessive 
profits from their business. Monopolies would be estab¬ 
lished ; and the few would be enriched at the expense of the 
many. 

6; 855. On the other hand, it was contended, that, instead 
of being interrupted, agricultural prosperity would be pro¬ 
moted by the proposed protection of manufactures. A 
larger portion of the population would be dependent on the 
farmer for subsistence; tire division of labor would be 
carried more nearly to a state of perfection; and labor, 
consequently, would be rendered more productive and 
profitable. 

§ 856. Commerce, too, it was believed, would be increas¬ 
ed rather than diminished. Those foreign manufactures 
which were to be affected by the proposed duties, were 
chiefly from countries which would still be dependent on us 
for the few articles which their selfish policy had not pro¬ 
hibited. The trade, therefore, with these countries could 
not be greatly diminished; whereas the stimulus which would 
be given to the industry of the nation in the several branches 
of manufacture, would increase the amount and variety of 
domestic products, which would find a market in other coun¬ 
tries ; and the increased trade with these would more than 
compensate for the loss of trade with the former. 

§ 857. With regard to the accumulation of wealth in the 
hands of the few, and the reduction of the wages of labor, 
it was observed, that fortunes were not more likely to be 
acquired by manufacturing, than by foreign commerce, or 
planting. Labor dependent upon manufacturing wealth, 
would be no more depressed than labor dependent upon 
agricultural or commercial wealth. The low prices of lands 


On what grounds was this act opposed ? § 855. How were these ob¬ 
jections answered ? § 856. What different opinions were entertained 

as to the effects of protection upon commerce ? § 857. What reasons 

were there for supposing that protection would not cause the depres. 



276 


POLITICAL ECONOMY. 


in this country would furnish adequate security against the 
oppression of the laboring portion of the community by 
capitalists. 

§ 858. Another objection, the most plausible, perhaps, if 
not the most weighty, that was urged against the protective 
system, was, that it would force capital and labor into new 
and unnatural employments, for which the country was not 
prepared, in consequence of the present high price of 
wages. Manufactures could not be successfully established, 
it was said, until the laboring population should become so 
numerous as to be compelled to work for the mere necessa¬ 
ries of life, as in the manufacturing nations of Europe, a 
condition to which it was not desirable to see the laboring 
classes of this country reduced. But while labor continued 
to receive a fair compensation, higher prices must be paid 
for the home manufacture. 

§ 859. To this objection it was replied, that there was 
already a want of employment in existing occupations, which 
were overflowing with competition. Some new field of 
business ought to be opened for the relief of the laboring 
classes. This relief would be afforded by the system pro¬ 
posed. The wages of laborers would be raised; and still 
the measure would ultimately effect a reduction of prices. 
For it must be remembered, that in manufactures the princi¬ 
pal labor was artificial, not natural labor ; and that the great 
improvements in machinery, and the possession of the raw 
materials in vast abundance, or the capacity to produce 
them, would, more than low wages, reduce the price of 
manufactures. The advocates of protection prevailed. The 
system was adopted : and, in order to judge of the correct¬ 
ness of the theory on which it was based, it will be neces¬ 
sary to see what have been its practical operations. 


eion of the poor and laboring classes ? § 858. What effect upon cap¬ 
ital and labor was apprehended from protection ? Why was it sup¬ 
posed that this country could not compete with others in manufactur¬ 
ing ? § 859. What answer was given to these objections ? 



PRODUCTION.—PROTECTIVE DUTIES. 


m 


CHAPTER XI. 

Effects of the Protective System of this Country . 

§ 860. Prior to the late war, (1812,) the coarse cotton 
goods consumed in this country, were imported from India, 
and cost the consumers about 25 cents a yard. During the 
War, our supplies being cut off, cotton factories were to 
some extent put into operation, and a partial supply was 
furnished. But after the close of the war, the India goods 
being again imported, most of these establishments were 
ruined. By the tariff of 1816, the home market was se* 
cured to the domestic manufacturer; and such were the 
combined effects of competition, and the improvements in 
skill, labor, and machinery, as to enable the consumer, a 
few years afterwards, to purchase a superior article of do* 
mestic manufacture, for 8 cents a yard, being less than one 
third of the former price. 

§ 861. The duty on a square yard of cotton imported, 
if estimated by the ad valorem duty to which it is subject, 
would be about 8£ cents. Since the passage of the act 
imposing this duty, cloth of the above description has been 
purchased for less than 8 cents a square yard, being less 
than the duty by which its manufacture is protected. The 
low price is the natural effect of the competition among 
manufacturers, and the superabundance of the quantity 
manufactured. Thus, instead of being taxed with the 
amount of duty imposed, in the increased price of the pro¬ 
tected product, the consumer has been enabled to purchase 
such product at a price less than the duty by which it is 
protected; a price which subjected the manufacturer to a 
loss, instead of affording him an excessive profit. Prices, 
however, soon advanced, until they found their natural level; 
and cotton cloths may be bought of the manufacturer at 
prices little higher than the amount of the protecting duty. 


§ 860. What is the result of the protection of the cotton manu¬ 
facture in this country ? § 861. What is the duty on a square yard 

of cotton cloth ? Does the consumer pay a tax of this amount on a 
yard of cloth? How are we to account for the present low price 
24 



278 


•POLITICAL ECONOMY. 


§ 862. Iron, also, has considerably fallen in price. Sheet 
iron, which was in 1828 protected by a duty of 3 cents a 
pound, was reduced from $180 to $140 a ton. Hoop iron, 
subject to the same duty, was reduced from $150 to $120 
a ton. Small round iron had never been made in this 
country before the protection given to it in 1828, by a duty 
of 3£ cents a pound. The price had been $150 a ton ; but 
it was reduced to $135. The manufacture of nails was 
protected in 1828, by a duty of 5 cents a pound. The 
price had been from 7 to 8 cents a pound ; but in 1830 it 
had fallen to cents. Hammered bar iron, with a pro¬ 
tecting duty of $18 a ton in 1824, was sold in 1830 for 
$85. 

§ 863. Window glass, such as was sold in 1816 for $15 
the 100 square feet, was a few years thereafter sold for 
$7,50, under a protecting duty of $4. The price of all 
glass wares was reduced in the same proportion. Lead, 
gunpowder, spirits, turpentine, castor oil, and many other 
articles, have greatly fallen in price since the production of 
them has been encouraged. Many of them are now sold 
at about half their former prices ; being, in many cases, less 
than the amount of the protecting duty. 

§ 864. Leather, and all manufactures of leather ; cabinet- 
ware, and other manufactures of wood; hats, and almost 
all the products of mechanics, were protected by a duty of 30 
per cent. ; but, although an advance in the prices of these 
articles was apprehended, prices have uniformly declined; 
and the production of these manufactures was soon in¬ 
creased to such extent, as to furnish large quantities for ex¬ 
portation. 

§ 865. Although the reduction of prices as above stated 
is universally admitted, there are those who ask : Would 
not the same reduction have taken place without protection ? 
Or, could we not have been supplied with foreign manu¬ 
factures at still lower prices, if they had been left free from 


ef this article ? § 862. What reductions have been made in the 
prices of different kinds of iron ? § 863. What has been the reduc¬ 
tion in the price of glass manufactures, lead, gunpowder, &c. § 864. 

By what duty have the products of mechanical labor been protected ? 
And with what results ? § 865. What reason have you for supposing 
that we could not be supplied with foreign manufactures, if they were 



'PRODUCTION.—PROTECTIVE DUTIES. 279 

ah duties, especially as the wages of labor are lower in 
foreign manufacturing countries ? The evidence that we 
should not have been supplied equally cheap, consists, in 
part, in the fact, that the consumers in this country of goods 
which have been effectually protected, are supplied more 
cheaply than the people of Great Britain, the principal manu¬ 
facturing nation of Europe, and from which, mainly, our 
supplies would have been derived, 

§ 866. It is proper here to notice the error of those who 
have supposed, that goods- could not be manufactured as 
cheaply in this country as in England, because wages are 
lower in the latter country than in the former. The high 
prices of provisions ; the burthensome expenses of the gov¬ 
ernment paid in tithes, and taxes of various kinds ; together 
with the ground rents, and the transportation of the raw 
material of the cotton manufacture, overbalance the single 
advantage of the lower price of wages. 

§ 867. Nor have the laborers in our manufactories ex¬ 
perienced that depression which was deemed the certain 
consequence of a successful experiment in manufacturing. 
As evidence of the liberal compensation of labor in these 
establishments in this country, it may be stated, that, in a 
single manufacturing town in New England, $100,000 have 
been deposited in the savings bank, in that place, by factory 
girls, comprising but a comparatively small portion of the 
whole number employed in the town. And much besides 
is deposited in ether institutions, owing to the fact, that 
each is allowed interest only on a sum of limited amount; 
so that when they reach this amount, they are obliged to 
invest elsewhere. 

§ 868. The advantages of a home market anticipated by 
the agriculturist, have also been realized. The foreign 
market is always uncertain; and a dependence on it subjects 
the farmer to frequent disappointments and losses; the 
foreign demand being governed by the contingencies of 


admitted free from duty, than we now are ? § 866. What considera¬ 

tions of a contrary nature, overbalance the advantage of low wages 
in England ? § 867. Are factory laborers in this country duly re¬ 
warded for their labor ? § 868. What causes render foreign markets 

uncertain ? Give some examples of this uncertainty, and of the 



280 


POLITICAL ECONOMY. 


plenty and scarcity, of peace and war, and changes in the 
policies of nations. Of the uncertainty of foreign markets, 
we have had numerous examples. In one year we exported 
1,500,000 barrels of flour, and in the second year thereafter, 
only 750,000. The value of all kinds of vegetable food 
exported during the former year, was $22,000,000; dur¬ 
ing the latter, the total value of such exports was but. 
$9,000,000. To some place we have one year sent sev¬ 
eral hundred thousand barrels of flour \ the next year 
scarcely a barrel has found a market in such place. 

§ 869. The home demand is not only more steady, but 
much greater than the foreign. The quantity of vegetable 
food annually consumed in the United States, is ascertained 
to have been, during a given period, more than twenty 
times as great as the whole amount exported during the 
same time. In meats, the disproportion was much greater. 
Of the surplus grain and flour produced in the United States, 
more finds a market in three manufacturing states of New 
England, than in all foreign markets put together. Hence 
is perceived the value of a home market for the products 
of domestic industry. 

§ 870. The productiveness of agricultural industry has 
been greatly increased. Not only does it supply the new 
demand created for its products at home ;■ but it furnishes- 
for exportation as great an amount as before, and even 
greater. In 1823, the year preceding the tariff of 1824, the 
amount of cotton exported was 173 millions of pounds, and 
of flour, 756,000 barrels ; together valued at $25,400,000. 
The exports in 1826, two years after the tariff were 204 
millions of pounds of cotton, and 8-57,000 barrels of flour; 
the value of which was $29,150,000. In 1829, the quantity 
of cotton exported had increased to 265 millions of pounds*, 
which alone was worth $26,575,000. 

§ 871. The commerce and navigation of the country also 
have continued to increase with equal, if not greater ra- 


fluctuations of foreign demand ? § 869. What are the advantages 
of the home market enjoyed by the people of the United States 7 
4 870. State the effect of the tariff policy upon agricultural industry. 
4 871. What has been the state of our commerce and navigation since 
the adoption of this system ? 



PRODUCTION.—INTERNAL IMPROVEMENTS. 281 

pidity, since the adoption of the protective system. We 
conclude, therefore, from what has been said on this subject, 
that, although free trade between nations is desirable, and 
might be most equally advantageous to all; the prohibitory 
policy of some nations, may impose on others the necessity 
of protecting their own industry, by counter restrictions and 
prohibitions. 


CHAPTER XII. 

Effects of Internal Improvements on Productive Industry, 

§ 872. The influence of protection upon the productive 
industry of a nation, has been considered in preceding 
chapters: and it has been seen, that one of the most im¬ 
portant results of the measure, is the increased demand for 
domestic products. But a market may be so distant from 
the place of production, or so difficult of access, as to 
render it of little value to the producer. Not many years 
ago, grain produced in the western part of the state of New 
York, did not find a market where it now does, in the towns 
and cities on or near the Atlantic coast. Nearly the whole 
yalue of a bushel of wheat would have been consumed in 
the expense of its transportation thither. Not enough would 
have been saved to compensate the cost of its production. 

§ 873. Hence we perceive the utility of canals, rail¬ 
roads, and other channels of communication, to facilitate 
internal commerce. The productive energies of a nation 
are thus powerfully increased. By means of internal im¬ 
provements, the products of the most distant parts of the 
country may be brought into market at a small expense. 
Since the completion of the Erie canal, a bushel of wheat 


§ 872. What is the effect of the distance of market ttpon the price 
of a product ? § 873. Why does a bushel of wheat command a 
higher price now in the western part of New York and Ohio, than 
prior to 1825 ? What are the general effects of the construction of 
24* 




2B2 


POLITICAL ECONOMY. 


commands nearly as high a price in the western, as in the 
eastern part of the state, because the cost of transportation 
has been reduced to a very inconsiderable amount. For¬ 
merly, there was little to encourage production, farther 
than was necessary to supply the wants of the producers. 
But by the cheapness of transportation, the amount and 
prices of products, the value of land, and, consequently, 
the wealth of the inhabitants of these remote parts of the 
country, have been greatly increased. 

§ 874. Internal improvements also cheapen the necessa¬ 
ries of life. By the diminished cost of transportation, most 
articles of merchandise, cither of foreign or domestic pro¬ 
duction, may be afforded in the interior and more distant 
parts of the country, at a small advance from the cost at 
the place of manufacture or importation. In some parts of 
the United States, before the present advantages of internal 
intercourse were enjoyed, a bushel of wheat could be ob¬ 
tained in exchange for a yard of cotton cloth. In the same 
places, a bushel of wheat has, since that time, purchased 
eight or ten yards of similar cloth., 

§ 875. It seems, .then, to be the duty of the government 
to encourage production by authorizing the making of in¬ 
ternal improvements. But objections are sometimes made 
to the application of the public money to the construction 
of works, the benefits of which are to be enjoyed only by 
a small part of the nation. But if it be the duty of a 
government to promote the general welfare, it cannot with 
justice withhold relief from that part of the population which 
does not enjoy the advantages of commercial intercourse. 
It is one of the cardinal principles of the social compact, 
that mutual sacrifices, (if indeed they may be so called,) are 
to be submitted to for the general good. 

§ 876.. But it is an error to suppose, that the benefits of 
these improvements are limited to those for whose relief 
they are primarily intended. Suppose that certain of the 
western states had no other than the ordinary means of 


this work ? § 874. What has been the effect of internal improve¬ 
ments on the price of merchandise in distant parts of the country ? 
§ 875. Is it the duty of government to make internal improvements? 
§ 876. Show how the whole country is benefited by improvements 



PRODUCTION.—INTERNAL IMPROVEMENTS. 288 

communication, by land, with the Atlantic cities : these 
fertile lands, owing to their remoteness from the great 
markets of the nation, would possess little value. Would 
not policy, as well as justice to this sequestered portion of 
the union, dictate the construction of canals and rail-roads, 
as mediums through which vent might be given to its abun¬ 
dant products? And would not the trade thus opened be 
beneficial to the country at large? A powerful impulse 
would be given to industry in these western states. Both 
the quantity and prices of their products would be increased ; 
and every article of eastern merchandise consumed in those 
states would be cheapened ; and the manufacturing and 
commercial towns would be profited by this extension of 
their trade. 

§ 877. Hence we are not to judge of the economy of a 
government, by the amount of money in its treasury. A 
person who hoards the yearly income of his industry, may 
have the merit of being frugal; but he is much the better 
economist, who employs the annual increase of his capital 
and labor in improving and extending his business ; and, by 
the additional employment thus given to industry, he con¬ 
tributes essentially to the wealth and happiness of the com¬ 
munity. So a,nation or a state may wisely expend a part 
of its surplus revenue in the construction of works of public 
utility. By this means commercial intercourse will be 
facilitated; industry will be stimulated ; the wealth of the 
country will be augmented; afld, in due time, the money 
expended will be reimbursed. 

§ 878. But how ought the expenses of internal improve¬ 
ments to be defrayed ? Most of the canals and rail-roads 
in this country do not pass from one state into another; but 
are confined within the limits of a single state. They are 
therefore more properly made by the authority of the state 
governments, than by that of the general government. 
Either companies, incorporated by a law of the state, con¬ 
struct these works at their own expense ; or they are exe- 


which facilitate transportation. § 877. Is it good economy for a 
state to expend money in the construction of canals and rail-roads ? 
What is the effect of such a policy ? § 878. At whose expense ought 

these works to be made? What objection is there to raising the 



284 


POLITICAL ECONOMY. 


cuted by the state itself. And to provide funds for the 
purpose, it may lay a direct tax upon the property of the 
citizens. But though this is the most equal mode of taxa¬ 
tion for the support of government, it is otherwise in mak¬ 
ing internal improvements, as large portions of the state 
derive much less benefit from them than others. 

§ 879. When a canal or rail-road is to be made by the 
state, the state borrows the money required to accomplish 
the undertaking, and relies for the means of its repayment 
on the revenue to be derived from the work. Thus direct 
taxation is avoided, and the expense of the work is ulti¬ 
mately paid by those who are benefited by the use of it. 


CHAPTER XIII. 

Exchange.—The Advantages of a Division of Labor in Ex¬ 
change , and of the Frequency of Exchanges. 

§ 880. In considering the causes of the productiveness 
of human industry, we have seen that one of the principal 
of these causes is the division of labor, by which every man 
is confined to one occupation, and, generally, to the creation 
of a single product, or even to the performance of a single 
operation in the manufacture of a product. And we have 
seen, also, that an individual or a nation increases in wealth, 
in proportion as labor is rendered more productive. 

§ 881. But as wealth consists essentially in the means 
of gratifying the desires, or of satisfying the wants of man¬ 
kind, the most abundant production of any one commodity, 
unaccompanied by any farther exertion or act of labor, 
cannot make a man wealthy. Whatever quantity of any 
single product a man may acquire by his industry, such pro¬ 


money exhibited in their construction by the direct taxation of all the 
people ? § 879. How may direct taxation be avoided ? Can you tell 
how the revenue from a canal is produced ? 

§ 880. What has been shown to be a principal cause of the pro¬ 
ductiveness of industry ? § 881. What are the benefits derived from 




EXCHANGE.—DIVISION OF LABOR. 


285 


duct is capable of supplying but one of his numerous wants. 
A part only of what he produces is of any value to him, 
while he keeps it in his possession. If a farmer produce 
annually two hundred bushels of wheat, and his family con¬ 
sume but fifty bushels, the remainder would be of no great 
value, if he could not procure for it other necessaries. 
Hence we see, that, after production, the act or labor of 
exchange is necessary, before we can avail ourselves, to any 
considerable extent, of the objects of our industry. 

§ S82. If every person should produce for himself all things 
essential to his existence and comfort, there would be no 
need of exchanges. But this, as we have seen, would be 
bad economy. Almost every person is better fitted for some 
particular kind of employment than for any other; and every 
man does best when he pursues a single occupation, and 
procures, by exchange, such of the products of other men’s 
labor as he needs. Every laborer consumes a greater 
variety, and many a greater value of the products of the 
labor of others, than of those which he produces himself. 
Exchange, then, becomes an important business in economy, 
and next demands our attention. 

§ 883. It is obvious, that, if a person, whenever he finds 
himself in want of any thing which he does not produce, 
were under the necessity of procuring such article for him¬ 
self by a specific act of barter or exchange, much time 
would be spent in making exchanges. Many articles ne¬ 
cessary to man’s convenience, come from distant parts of 
the country, and from foreign countries. These could not 
be procured without still greater expense of time and labor, 
if they could be gotten at all. So that a person might 
about as well work at the different trades and occupations, 
and supply himself with such things as he could produce by 
his own labor, and dispense with those which it required so 
great a sacrifice to obtain. 

§ 884. Thus we see that a division of labor is no less 


the exchange of products ? § 882. Why is it best for every person to 

pursue a single occupation ? § 883. If every producer were com¬ 

pelled to make an exchange directly with every other producer for 
what he wants, what would be the consequence ? § 884. Wherein 
consists the benefit of a division of labor in the business of exchange ? 



286 


POLITICAL ECONOMY. 


necessary in the business of exchange, than in that of pro¬ 
duction. A very few persons may conduct the exchanges 
of a great number. If, therefore, one or more persons 
were thus employed in every neighborhood or town, a vast 
amount of labor and time would be saved to the community. 
The persons engaged in this business are called merchants: 
they receive from the producers the various products of 
their labor, in exchange for such wares and merchandise as 
they keep on hand to supply the wants of their customers ; 
and the products thus received, are again disposed of to 
others who want them for their own consumption, or are 
carried to the cities, and exchanged for new supplies of such 
commodities as are not produced at home. These are 
called retail merchants; because they sell to the consumers 
in small quantities. 

§ 885. There is another class of merchants called whole¬ 
sale merchants. They reside in large commercial towns 
and cities, and conduct the exchanges between this country 
and foreign countries, and sell in whole pieces or packages to 
the retail merchants. They also purchase goods in large quan¬ 
tities for the same purpose, from the manufacturers. Here 
again we see the necessity of a division of labor in effecting 
the exchanges of a country. The retailer could not afford 
to import goods in so small quantities as he needs to sup¬ 
ply his customers. Nor could the importer break open his 
hogsheads, or divide his pieces or packages, in order to sell 
immediately to consumers. He confines his commercial 
transactions to the importing and wholesale business ; and 
thus he can supply a great number of retail merchants : and 
the expense of importing as many goods as would supply 
them all, is little more than it would cost each to import for 
himself the small quantity necessary to meet the demands 
of his customers. 

§ S86. But there is another class of wholesale merchants, 
more numerous than that above described. They do not 
import goods. They buy of the importers in large quanti- 


Wkat is the business of a retail merchant ? § 885. What is the 
business of a wholesale merchant ? Show the necessity and utility 
of a division of labor in mercantile business ? § 886. How is the 

wholesale business divided ? What is the benefit of this division ? 



EXCHANGE.—DIVISION OF LABOR. 287 

tics than the retail merchants wish to purchase, in order to 
sell to the latter. And it is from this class of wholesale 
dealers that most of the retail merchants in the country 
towns receive their supplies. When the cargo of an im¬ 
porter arrives in port, his object is to dispose of it as soon 
as possible, that he may be enabled with the proceeds to 
refit his vessel for another voyage, with as little delay as 
may be. He therefore generally sells his cargo to a few 
of these wholesale dealers, rather than to keep his vessel 
and seamen in port, unemployed,, till he can dispose of all 
his goods to a hundred country retailers. 

§ 887. Thus we see how the community is benefited by 
these several classes of exchangers; and we see also the 
mistake of those who suppose, that, as one class of the 
community increases in wealth, others must of necessity 
grow poor. Who does not perceive, that the great body 
of consumers share equally with the merchants in the ad¬ 
vantages of these exchanges. Although the prices of the 
goods they buy, are augmented by every exchange, it is 
vastly better for them to pay a reasonable profit to the 
merchant who furnishes them with every article in just such 
quantities as they desire, than to be obliged to buy of the 
wholesale dealer in large quantities, or than to transport 
them from the place of importation, even though they might 
be purchased in any quantity desired. 

§ 888. Hence we perceive, too, the dependence of one 
part of the community upon another, and the benefits of 
this dependence. It tends to strengthen the bonds of society, 
and to promote harmony and good will among its members. 
A like benefit results from the intercourse between nations 
dependent upon each other for those productions which con¬ 
tribute to their prosperity and happiness. This mutual de¬ 
pendence has, doubtless, been the means of reconciling 
differences between nations, which, under other circum¬ 
stances, would have terminated in bloodshed. 

§ 889. It is evident, moreover, that all parties are bene¬ 
fited by frequency of exchanges ; or, as it is usually termed. 


§ 887. Which of the two classes, merchants or consumers, are most 
benefited by mercantile operations ? § 888. What good effect results 

from the dependence of individuals or nations upon each other? 



268 


POLITICAL ECONOMY. 


a brisk circulation: by which is meant the disposal of a 
commodity after its completion, or the application of it to 
its intended purpose, as soon as possible. A cotton trader 
having purchased a quantity of cotton, wishes to dispose of 
it immediately, in order to the reinvestment of his capital 
in a new operation. He sends it to New York, and receives 
in exchange for it goods which he can again exchange for 
a new cargo of cotton. The New York merchant sends 
the cotton to the manufacturer in New England, from whom 
he receives cotton cloths, which he disposes of to country 
merchants, for the country produce which they have taken 
from their customers; and the cloth is again sold by the 
country retailers to consumers: and all these exchanges 
may have been made in two or three months. 

§ 890. Now we may see how each of these persons has 
been benefited by this active exchange of commodities. The 
productive capital of the merchants and manufacturer, hav¬ 
ing reproduced itself four times during the year, their profits 
have been much greater than if but one investment had 
been made during the same time. And the consumers have 
been benefited by having been enabled to purchase cloths 
at cheaper rates. For if the cotton had been a whole year 
in reaching the consumer, each capitalist, when he sold the 
product, must have added to the profit charged, three times 
as much interest on his capital, as if it had returned to him 
once in eveiy three months. 


CHAPTER XIV. 

Origin of Money , and its Utility in Exchange . 

§ 891. From what has been said of exchange, we see 
that it is highly conducive to the happiness of mankind, 


§ 889, 890. What is meant by frequency of exchange ? Illustrate, 
by an example, the benefits to all parties, of a brisk circulation of 
commodities. 





EXCHANGE.—USE OF MONEY. 


289 


enabling them to avail themselves of a greater number of 
the conveniences of life; and also, that a division of labor 
in effecting exchanges, is necessary to render them most 
beneficial to all classes of the community. Upon farther 
examination of the subject, we shall find important difficul¬ 
ties in making exchanges; and unless these could be re¬ 
moved, the benefits of exchange would, after all, be very 
limited. 

§ 892. A man may have no commodity to give in ex¬ 
change for what he wants. His only means of getting any 
thing is his labor. But he may not find employ in any oc¬ 
cupation at which he could earn the highest wages. In this 
case, he would be obliged to work at all the different trades. 
To obtain clothes, he must labor for the tailor; if he want¬ 
ed shoes, he must labor for the shoemaker; and so for all 
ether necessaries. But it may so happen, that, when some 
particular article is most wanted, the person having it to 
dispose of does not want the man’s labor, nor any thing 
which he is able to get for his labor. Thus the poor la¬ 
borer may remain for a long time in a state of suffering, be¬ 
fore any means of relief shall have been devised. 

§ 893. If every person were obliged to make an exchange 
of a part of his surplus products for every article he wants, 
he would be little better off than if he should attempt to make 
every thing for himself. The greater part of his time would 
be spent in making exchanges, if indeed they could be made 
at all. 

§ 894. If a farmer wants a hat, he can easily exchange 
for it its value in wheat; but the hatter may not want wheat; 
he may however want a coat; and the farmer must first 
exchange his wheat for the coat, and then the coat for a hat. 
But perhaps the tailor does not want wheat, but shoes; and 
it may be that the shoemaker too wants something else 
which the farmer is equally unable to procure for his wheat. 
But suppose the tailor wants wheat, and the hatter a coat; 


§ 891. How does exchange conduce to the happiness of mankind ? 
4 892. What might a man be compelled to do who had nothing but 
?abor to give in exchange for what he wanted ? § 893. What would be 
t he disadvantage of every man’s being obliged to exchange directly pro¬ 
duct for product ? § 894. Illustrate, by example, the difficulty of making 
25 


19 




200 


POLITICAL ECONOMY* 


and suppose that the farmer procures the coat for the hatter. 
Here another difficulty arises : the coat is worth more than 
a hat. In this case, the hatter, having nothing but hats to 
give for the difference, the farmer must take more hats than 
he wants, and which he may find it equally difficult to ex, 
change for something else that he needs. 

§ 895. Now it is evident, that, if there were some com- 
modity which a person could obtain for what he has to dis¬ 
pose of, and which commodity every other person would 
be willing to receive in exchange for his products, all this 
difficulty would be avoided. Hence, among nations in any 
degree civilized, there is something which, by common con, 
sent, has been adopted as a medium of exchange. In old 
times, things were in some countries valued according to the 
number of oxen which were given in exchange for them ; 
in others, salt, leather, shells, and other things, have been 
used for the same purpose. 

§ 896. Metals also, of various kinds, were, at an early 
period, adopted by different nations for the purpose of ex, 
change. Iron was used by the Spartans, copper by the 
Romans, and, by other nations, gold and silver. Iron must 
have been very inconvenient, on account of its great bulk 
and weight. But all of them possessed this one advantage : 
they were capable of being divided into parts proportioned 
to the amount of value bought or sold, whether great or 
small. But as they were originally used in bars, without 
stamp or coinage, their use was attended with the inconve, 
nience of weighing at every purchase. The fine metals, 
though much preferable for containing greater value in the 
same weight, were especially liable to this objection. So 
much value being contained in a very small particle of the 
metal, great accuracy in the division was necessary. 

§ 897. Custom has decided in favor of gold and silver, 
called the precious metals, as the medium of exchange. 
Silver was used at a very early period, in the country of 


exchanges of article for article. § 895. How might these difficulties 
he avoided ? What different articles have been used by nations as a 
circulating medium ? § 896. What different metals have been used 

by different nations for the purpose of exchange ? What conveniences 
and inconveniences attended the use of these metals, uncoined ? § 897 



EXCHANGE.—USE OF MONEY. 291 

Canaan. Abraham purchased the field of Machpelah for a 
burying place, with silver. It then passed by weight, as 
appears from Gen. 23 : 16. In later times, it became the 
practice among nations that used the metal currency, to 
fix upon it a stamp or inscription. The stamp answers 
two important purposes : First, it expresses the value of the 
piece, thereby saving the trouble of weighing it; secondly, 
persons are less liable to be imposed on by adulterated and 
counterfeit coins. Before money was coined, the pieces of 
metal had to be assayed in order to ascertain the quality. 
The stamp of the government now placed upon the pieces, 
is evidence of the purity of the metal, as well as of its 
value. And though counterfeit stamps are sometimes put 
upon base coin, the cases are comparatively uncommon; 
and the counterfeit coins may generally be detected by 
careful observation. 

§ 898. The advantages of gold and silver as a circula¬ 
ting medium, are numerous. (1.) They may be divided into 
parts so minute as to admit of being exchanged for articles 
of very small value. (2.) They are uniform in quality in all 
parts of the world ; any quantity of the silver and gold of 
one country being of the same value as an equal quantity 
of the same metals of another country. And the quality is 
not altered by time or weather. (3.) They are not subject 
to the same degree of loss by wear as other metals. (4.) 
Their dearness renders a very small amount of weight suf¬ 
ficient to buy commodities of great value: it is therefore 
of easy transportation. (5.) They are capable of receiv¬ 
ing the impression, by which their weight and purity are 
certified. 

§ 899. But it may be asked, Wherein consists the neces¬ 
sity of employing both gold and silver in the use of money ? 
Why may not either the one or the other be dispensed with ? 
If silver only were used, the quantity necessary to repre¬ 
sent a large amount of value, would contain too much weight 


What metals are now in general use as money ? Wherein consists 
the convenience of having the metals stamped or coined ? § 898. 

State the several advantages of gold and silver as a circulating me¬ 
dium. § 899. Why is not one of these kinds of metal sufficient 1 
Why is copper necessary ? 



292 


POLITICAL ECONOMY. 


and bulk to be convenient in extensive commercial transac¬ 
tions. On the other hand, if gold alone were used in the 
capacity of money, being sixteen times as dear as silver, a 
piece of gold equal in value to the smallest silver coin, would 
be too small for ordinary use. For the same reason, a cheaper 
metal than even silver is necessary. The smallest silver 
coin in the United States, is a half dime, or five cent piece. 
A smaller piece of money in bulk would be inconvenient. 
Hence, to represent smaller value, copper is used. 


CHAPTER XV. 

Sundry Facts concerning Money . 

§ 900. Although in making exchanges value is given for 
value, it will be readily seen, that the value of the money 
employed in effecting the necessary exchanges in a com¬ 
munity, is much less than the total value of the property to 
be exchanged. One reason is, that all exchanges are not 
made at the same time. A small sum, therefore, may an¬ 
swer as the medium of exchanging a large amount of prop¬ 
erty. This may be illustrated thus : 

§ 901. A farmer sells to his neighbor wheat to the value 
of five dollars, and pays the money to the merchant for 
goods. The merchant buys a hat for the same money. 
The hatter pays it to the tailor for making a coat. The 
tailor pays it to his journeyman for labor; and the journey¬ 
man again pays the same money for merchant’s goods. 
Thus we see, that commodities and labor to the value of thirty 
dollars have been exchanged with five dollars; and the same 
five dollars, if kept in steady circulation a whole year, may 
be used to exchange values to the amount of a thousand 
dollars. 


§ 900. Why is not so great a value of money required to make the 
necessary exchanges in a community, as the value of property to be 
exchanged? §901. Illustrate this by an example. Another. §902. 





EXCHANGE.—FACTS CONCERNING MONEY. 293 

§■ 902. Another reason why a small amount of money is 
sufficient for the purposes of exchange, is, that a large pro- 
portion, sometimes much the greater proportion, of the ex- 
changes of property, is made in kind; that is, one kind of 
property is exchanged for another. One man may wish to 
dispose of his horse, and buy a pair of oxen; and if the 
owner of the oxen wants a horse, an exchange may be made 
without the use of money, except what may be necessary to 
pay the difference, in case the property exchanged should 
not be of equal value. Thus also a country merchant may 
exchange the greater part of his stock of goods for the pro- 
ductions of the country; and these he may again exchange 
with the city wholesale merchant for a new supply of goods, 
with a small amount of money. 

§ 903. As in exchange value is always given for value, 
the whole business of the exchange of a community re¬ 
quires a quantity of money of a certain amount of value. 
For, if it requires ten dollars’ worth of money to pay for ten 
dollars’ worth of wheat, the greater the number and amount 
of exchanges there are to be made within a given period, the 
greater must be the value of the circulating medium to ac¬ 
complish these exchanges. 

§ 904. But the quantity of money and the value of money, 
are not the same thing: the quantity may be either greater 
or less at one time than another, when the value is neither 
increased nor diminished. The value of the money re¬ 
quired for the purpose of conducting exchanges, be the 
quantity great or small, must always be in proportion to the 
total business of the national exchange. Suppose the cir¬ 
culation of the United States to be 60 millions of dollars at 
the present time ; and that, by some circumstance or other, 
20 millions should leave the country, or be otherwise with¬ 
drawn from circulation : if the business of national exchange 
should not be diminished, the 40 millions remaining in cir¬ 
culation, must possess the same value as the 60 millions do 


What other reason can you give, why a small amount of money an¬ 
swers the purpose of exchange ? Explain this by two examples. § 903. 
"When the value of the property to be exchanged is increased, is a 
greater value of money also required ? § 904. Explain the difference 
between the quantity and the value of money. Give an example. 
25* 



294 


POLITICAL ECONOMY, 


at present. And it is evident, that every four dollar must 
represent the same value as is now represented t>y six 
dollars. 

§ 905. Now suppose that the quantity of money remain 
the same, and that the national products be diminisiied one 
third. As the amount of exchanges would, in this case, be 
one third less than before, and as the GO millions would be 
used in the business of exchange, every six dollars would 
represent no greater value of property than four dollars do 
at the present* time. If the present price of flour is four 
dollars, it would, in the case supposed, be six dollars ; that 
is, every six dollars would represent as many barrels of 
flour as every four dollars do now. 

§ 906. Hence we learn how to account for variations in 
prices. There are always circumstances arising* which 
affect either the amount of exchanges, ot the quantity of 
the circulating medium. If both increase or diminish in 
the same proportion, prices will not change in consequence. 
But when, as above supposed, the quantity of money used 
for purposes of exchange is reduced, less must be given for 
products bought with it; and we therefore say, prices are 
fallen. On the other hand, when the amount of products 
to be sold is diminished, or the quantity of money is in¬ 
creased, more money is paid for the same products ; and in 
this case we say, prices are risen, 

§ 907. Hence we learn, also, the causes of the abun- 
dance and scarcity of money. Money may be said to be 
abundant , when there is more than enough to effect the ne-' 
eessary exchanges of the country; and scarce , when the 
quantity is insufficient for this purpose. When a nation 
buys more of other nations than it sells to them, it must 
pay the difference in money ; and thus a part of the money 
having left the country, the amount remaining may not be 
sufficient for the purpose of exchange. And on the other 
hand, when a nation exports more than it imports, and re- 


§ 905. Give another example, in which the products instead of the 
money are diminished. § 906. How do you account for the fluctua- 
ations in prices ? § 907. When is money properly considered scarce r 
and when abundant ? What will produce a scarcity, and what ao 
abundance of money ? 



EXCHANGE.—BANKS. 


295 

reives the balance in money, there may be more than the 
business of exchange requires. In the former case money 
would be considered scarce $ in the latter, abundant. But 
there may be other causes, than the importation and ex¬ 
portation of money, for its abundance and scarcity. 


CHAPTER XVI. 

T/ie Nature and Utility of Banks.—Banks of Deposit and 
Exchange . 

§ 908, The first institution of banks, it is said, was in 
Italy, where the Lombard Jews kept benches in the market 
places, for the exchange of money and bills; and banco 
being the Italian name for bench, banks took their title from 
this word. The first banks are supposed to have been only 
banks of deposit , places where persons deposited or laid 
up their money for safe keeping, to be ready when called 
for. 

§ 909. But it may be asked of what use banks of this 
kind are; and whether a man’s money may be kept in a 
bank more safely than when it is in his own keeping. De¬ 
posits of money in a hundred different places, would afford 
more frequent opportunities for robbery, than when made in 
one place. And nearly the same care and precaution would 
be necessary to secure one thousand dollars in each of the 
one hundred different places, as to secure one hundred 
thousand in a single place. Money may therefore be kept 
more safely, and perhaps more cheaply, by depositing it in 
a bank. 

§ 910. But the utility of banks of this kind, consists, 
chiefly, in their being employed in the business of exchange. 
In this respect, they effect a great saving of labor. This 
is done upon the principle of a division of labor. In large 


§ 908. What kind of banks are the first said to have been ? § 909. 
Of what benefit -are banks as institutions of deposit ? 6 910. How 




296 


POLITICAL ECONOMY. 


commercial towns, great sums of money must, of necessity, 
pass from one merchant to another. And the time and labor 
necessary to count out all these large sums of money, and 
to transport them from one place to another, would be very 
great. But much of this time and this labor may be saved* 
by each one’s depositing his money in a bank, and by their 
uniting in employing a banker. And whenever any one of 
them having money in the bank, wishes to pay another, he 
may give him an order or check upon the banker for the 
amount to be paid. 

§ 911. But it is obvious, that, if money must be counted 
out on the presentation of every order or check, a large 
number of persons must be employed for the- purpose; and 
the expense of making exchanges would still be very great. 
But the banker may effect the saving of much time and 
labor, by keeping an account with every person making de¬ 
posits in the bank. If one of the customers of the bank, 
has occasion to pay to another one thousand dollars, he may 
give his creditor an order on the banker for this amount. 
But the creditor may not want the money for immediate 
use ; he therefore chooses to let it remain in the bank, until 
he may have occasion for it. In this case, the labor of 
counting the money, which may consist of many hundred 
pieces, may be saved, by simply charging one thousand 
dollars to the drawer of the order, and crediting him to 
whom it is given with the same amount. 

§ 912. Now if we consider that most of the merchants 
conduct their moneyed transactions'with each other through 
banks, we shall readily perceive the amount of time and 
labor saved by means of banking to be immense. For it 
may be that the person, in the case above supposed, to whom 
the one thousand dollars stands credited, may wish to pay 
the same, or nearly the same sum, to another creditor of the 
bank, and this third creditor to a fourth ; and in the same 
manner a thousand dollars may, in effect, be transferred an 
indefinite number of times from one creditor of the bank to 
another, by a few moments’ labor in writing. 


are they useful in the business of exchange ? § 911. How may much 
of the time and labor of counting money be saved? § 912. How 
often may a certain sum of money in a bank pay a debt without being 



EXCHANGE.—-BANKS. 


297 

§ 913. Banks are useful in remitting payments to distant 
places. The transportation of large sums in specie from 
one part of the country to another would be expensive ; and 
it would also expose persons to the danger of robbery. But 
the expense and risk of thus conveying money through the 
country, may be avoided by the agency of banks. Con- 
sider for a moment the vast amount of trade between the 
large cities on the Atlantic, and the other parts of the United 
States ; and it wiil at once appear, how convenient banks 
are to merchants and other persons who are obliged to send 
money to distant places. 

§ 914. But let us see how the operation of transmitting 
money by means of banks is performed. A merchant in 
New Orleans, wishing to pay his creditor in New York ten 
thousand dollars, deposits the money in a bank, takes from 
the cashier a draft for that amount on the cashier of a bank 
in New York, and sends the draft by mail to his creditor 
there, who presents the draft, and receives the money; and 
the cashier charges the amount to the bank in New Orleans. 
Thus the payment of a large sum is made, without the ex- 
pense to the debtor of carrying it himself, or the risk of 
intrusting so much money to strangers to be carried. 

§ 915. It may here be asked, how the bank in New Or¬ 
leans avoids the expense and risk of sending the money to 
New York. Now we must remember that, although mer¬ 
chants in New Orleans buy many goods in New York, 
merchants in the latter place receive large quantities of 
cotton, sugar, and molasses from the former; and many 
remittances are to be made from persons in New York 
through the banks there, to persons in New Orleans. The 
banks, then, in both places keep accounts with each other, 
and, at stated times, settle their accounts, when, perhaps, 
the balance due to either will be very small; and the trans¬ 
portation of but little money will be required. 

§ 916. Thus payments may be made from one country 


counted ? § 913. What is the advantage of remitting payments 

through the medium of banks ? § 914. Describe the manner in 
which remittances are made through banks ? § 915. By what means 

is the transportation of money by the banks from place to place 
saved ? § 916. What is the order called, which requests the oavment 



298 


POLITICAL ECONOMY. 


to another. The orders requesting such payments, arc 
called bills of exchange. A bill of exchange is an order 
drawn on a person requesting him to pay to some person 
designated by the drawer. The nature and effect of a bill 
of exchange we have briefly described in another place. 
(§ 676.) But as bills of exchange are at present so exten¬ 
sively used in commercial transactions, a more particular 
description of their use as the representatives of money, 
properly belongs’to this place. 

§ 917. We have seen how the moneyed transactions be¬ 
tween different parts of the same country may be facilitated 
by the transmission of orders or drafts, instead of money. 
The conveniences of this system, in conducting these trans¬ 
actions between persons in different countries, are equally 
great. For, besides the difficulties that attend the trans¬ 
portation of money from place to place in the same country, 
its transportation to foreign countries is attended with the 
additional danger of loss by shipwrfeck. 

§ 918, A, residing in New York, and owing B in London 
ten thousand dollars, may make a remittance of that amount 
in this manner: C, also residing in New York, may have 
ten thousand dollars due him in London, being the avails of 
produce sent from this country and soM there. A, wishing to 
avoid the expense and risk of sending the money across the 
Atlantic, pays ten thousand dollars to C, and takes his order 
on the banker in London, with whom the money is deposit¬ 
ed, for the same amount, to be paid to B. 

§ 919. These bills may be made to perform the office of 
money. A, going from New York to London to buy goods, 
wants ten thousand dollars. B, also residing in New York, 
has ten thousand dollars owing to him in London, payable 
in six months; and, preferring to receive payment at home, 
he draws an order on his debtor in London, to be paid in 
six months from date, for which A gives his obligation to B, 
payable at the same time. A proceeds with his bill of ex¬ 
change to London, where, the responsibilty of the drawee 


of money in another country ? § 917. What is the advantage of this 
mode of making payments to foreign countries as from place to place 
m the same country ? § 918. Show, by example, the manner of ma¬ 

king a remittance abroad. § 919. How may a foreign bill of exchange 
21 * 



EXCHANGE.—BANKS, 


299 

being known, the bill is received by the London merchant 
for goods, who again disposes of it in a similar manner; and 
thus it may continue to pass as money until it becomes due, 
when it is paid to the holder. 

§ 920. Hence, in all commercial places carrying on a 
foreign trade, bills of exchange are articles of purchase and 
sale. Being always in demand for the purpose of making 
remittances abroad, a person having money due in a foreign 
country, may obtain for a bill of exchange more than the 
amount for which it is drawn. The demand for bills of 
exchange in any place, is created by its having bought more 
in a foreign place than it has sent thither. In such case, 
bills are wanted to make payments. 

§ 921. We sometimes hear it remarked, that exchange 
is in favor of a certain country. It is said to be so, when 
less money is given in any country for a bill of exchange, 
than such bill Will produce in the country on which it is drawn. 
If, therefore, a bill of exchange, drawn in the United States 
on a person in England for ten thousand dollars, could be 
sold here for more than that amount, to a person who might 
be under the necessity of making a remittance to England, 
exchange would be said to be in favor of that country. 


CHAPTER XVII. 

Banks for discounting Bills and Notes , or for Loaning 
Money . 

§ 922. Another kind of banks are banks of discount, or 
loan. Banks of this kind are institutions for loaning money. 
They are called banks of discount, because it is the prac¬ 
tice at banks, when money is advanced on bills of exchange 
and promissory notes, to retain the interest instead of re- 


be made to circulate as money ? § 920. What makes bills of exchange 
articles of purchase and sale, in a commercial place ? § 921. In what 

case is exchange said to be in favor of any country ? 

§ 922. What is a bank of discount ? Why is it so called ? § 923. 




300 


POLITICAL ECONOMY. 


ceiving it with the principal when the bill or note becomes 
due. 

§ 923. In discounting a bill or note, the interest on the 
whole sum to the time of payment, is not deducted. The 
lender would, in this case, get more interest than he would 
be entitled to receive. The interest on one thousand dob 
lars for six months, at seven per cent., is thirty-five dollars- 
But a bank would not deduct that amount; because, for 
thirty-five dollars the borrower ought to have the use of 
one thousand dollars for six months, whereas he would re¬ 
ceive but nine hundred and sixty-five dollars. He ought 
to have such sum as would in six months amount to one 
thousand dollars; that sum is nine hundred and sixty-six 
dollars, and nineteen cents. 

§ 924. But it may be inquired, why persons having money 
to lend, do not attend to the business, each one for himself, 
instead of associating themselves for the purpose. By uni¬ 
ting the money of fifty or a hundred persons, and employing 
the necessary number of persons to transact the business, 
much time is saved. Neither would have steady employ¬ 
ment in lending and collecting his own money. It is cheaper 
for each to pay his proportion of the expense of hiring one 
or more persons to loan and collect the money of the whole, 
and to divide the profits or interest among them. 

§ 925. Banks for loaning money are a great convenience 
to the community. A merchant may wish to purchase a 
quantity of country produce, but he has not on hand the 
necessary funds. And if there were no banks, he must find 
some private individual who lends money ; which may cost 
him not a little time and trouble ; and when such individual is 
found, he may not have the money on hand, or not enough 
to afford the accommodation desired. But every man 
knows where to find banks; the merchant therefore goes 
directly to a bank, which is generally able and ready to 
f serve its customers ; he obtains the loan; he makes the 
intended purchase ; and thus he has not only been accom- 

Is the interest on the full amount of a note deducted from it when it is 
discounted ? Why not ? § 924. Why do persons usually associate 

for banking purposes ? § 925, 926. St4te the general advantage of 
banks of loan to a community, in the purchase and sale of produce. 
Why is it better to borrow money in small quantities as it is wanted ? 



EXCHANGE.—BANKS. 301 

modated himself, but the farmers around him have profited 
by the ready sale of their produce. 

§ 926. In this manner, the merchant-millers or manufac¬ 
turers of flour, are furnished with means to purchase their 
supplies of wheat. It is not to be presumed that they have 
the ready money to buy all the wheat in the country. Nor 
can they calculate beforehand, how much will be offered in 
the market, or how much it will be expedient or safe to pur¬ 
chase. It is therefore better economy to get money in small 
sums as it may be needed, than to provide a large capital in 
the beginning, a great part of which may not be wanted, or 
may remain on hand, for a long time, idle and unproductive. 
By the accommodations which banks afford, persons may 
get as much or as little money as they may want from time 
to time, and on a credit sufficiently long to enable them to 
refund the same from the sales of their products. 

§ 927. Banks are useful, also, in enabling persons desti¬ 
tute of capital to commence business. A young man of 
enterprise, does not wish to labor always as a clerk or jour¬ 
neyman ; and if he can obtain money to “ set up business 5 ’ 
for himself, although he may begin on a small scale, he may, 
by prudent management, soon repay the capital borrowed, 
and go on independently and prosperously. Many young 
men, who would otherwise have remained poor, have been 
enabled, in this way, to become rich, and to set on foot, ahd 
carry into execution important enterprises which have given 
a stimulus to industry, and contributed much to the prosper¬ 
ity of a whole community. 

§ 928. Banks bring into active and profitable use, much 
money which, without such institutions, would be unem- 
ployed. There are many persons who have no immediate 
use for the gains of their labor. The surplus earnings of 
an industrious master mechanic, or even an economical 
laborer by the day or month, may, in a few years, amount 
to a considerable sum, which he may put in a bank, where 
it will yield a sure and steady income to the owner ; and, 
by being loaned to men of enterprise, it increases the pro¬ 
ductive industry of the country. 


§ 927. Show the advantage of banks to persons destitute of capital, 
wishing to commence business. § 928. State the advantages of banks 
26 



302 


POLITICAL ECONOMY. 


§ 929. Thus we have seen the nature, and some of the 
benefits of banks, as institutions for deposit and exchange, 
and for loaning money. And we have considered them 
separately as distinct institutions. But if we consider the 
business of both these kinds of banking institutions united 
in the same bank, we shall readily see how much more 
useful they may be rendered. Hence, at the present day, 
there are no banks of deposit and exchange, as such; but 
all banks transacting business of this kind, connect with it 
the business of loaning money, by discounting bills of ex¬ 
change and promissory notes. In the next chapter, a more 
particular notice will be taken of the character and opera¬ 
tions of the banking system in this country. 


CHAPTER XVIII. 

Banks of Deposit , Discount , and Circulation, and of Paper- 
Money, 

§ 930. Those who are in any degree conversant with 
banks and banking operations, will have perceived from what 
has been said of banks, that banks in this country differ es¬ 
sentially from those which have been noticed in the two 
preceding chapters; for here, as is well known, the banks 
furnish the principal part of the money or circulating me¬ 
dium. They receive money in deposit, and they discount 
notes, or loan money; but when they discount a note or 
bill, instead of paying gold and silver coin for such note, 
they pay in notes of their own, for which they are bound 
to pay the specie whenever demanded; and these bank¬ 
notes circulate as money. Hence they are banks of de¬ 
posit, discount, and circulation; called more frequently, 


as depositories of the surplus earnings of laborers. § 929. Is the busi¬ 
ness of deposit and exchange, and of discounting or loaning, done at 
present by distinct or separate institutions ? 

§ 930. In what respect do banks in this country differ from those 




EXCHANGE.-BANKS. 


303 


perhaps, banks of discount and circulation, or of loan and 
issue. As banks perform an important part in the economy 
of this country, it is proper in this place to describe the 
manner in which these institutions are established and 
conducted. 

§931. Banking companies are incorporated by acts of 
the legislature. The nature of a corporation has been de¬ 
fined in another place. (§ 7.) When a bank is wanted in 
any place, a number of persons petition the legislature of 
the state to be incorporated for banking purposes. The act 
grants and defines the powers of the corporation, and men¬ 
tions the number of years for which it is to exist, and the 
amount of capital on which it is to do business. 

§ 932. The manner in which the capital of the bank is 
obtained, is as follows : Suppose the capital of a bank is to 
be $100,000. This sum is divided into portions or shares, 
usually of one hundred dollars each. The commissioners 
named in the act of incorporation, give notice that, at a 
certain time and place, books will be opened to receive sub¬ 
scriptions to the stock of the bank. Persons wishing to 
furnish any part of the capital of the bank, attend at the 
appointed time and place, and subscribe for the number of 
shares they will respectively take. The owners of these 
shares are called stockholders , who elect from among them¬ 
selves a certain number of directors, usually thirteeen ; and 
these choose from their own number a president. The 
president and directors choose, (not necessarily from their 
own number,) a cashier and clerks. The money which is 
to constitute the capital or stock of the bank being all paid 
in, the bank is ready to do business. 

§ 933. A person who wants to draw money at the bank, 
draws a note for the amount he wishes to borrow, payable 
to the bank in two, three, or four months, according to 
the practice of the bank, which note is signed by himself, and 
by one or more other persons as sureties, who are usually 
called endorsers , and who are bound to pay the debt in case 
of the failure of the borrower. If the note is deemed good, 


we have described ? § 931. How are bank charters usually obtained ? 
§ 932. Describe the manner in which the capital of a bank is raised. 
What are its officers, and how chosen ? § 933. How is a note drawn 



304 


POLITICAL ECONOMY. 


the cashier of the bank discounts it; the money advanced 
thereon consisting of notes of the bank. 

§ 934. Banks may issue bills to a greater amount than 
their capital stock; the amount is fixed by law, and is once 
and a half, twice, or even three times the amount of the 
capital. This renders banking, when prudently managed, 
a profitable business, as the stockholders receive interest on 
a much greater amount of money than they have invested. 
Every six months the profits are divided among the stock¬ 
holders. The sums thus divided are called dividends. 

§ 935. But if banks may issue their notes, or bills, as 
they are usually called, to an amount so much greater than 
the amount of their capital, what guaranty, it may be asked, 
has the community of the ability of banks to redeem their bills ? 
that is, to pay them when payment is demanded. What¬ 
ever may be the amount of the issues of a bank, it must, of 
course, have in its possession the notes of its customers to 
an equal amount, and even greater ; for it has also the 
amount of the interest , which it has retained out of the 
money advanced on such notes. Every well conducted 
bank, therefore, has the means of ultimately redeeming all 
its bills, aside from its capital. So that, if the stockholders 
are honest men, the holders of bills are exposed to little or 
no loss, and to no other inconvenience than that of being 
obliged to await the collection by the bank of the notes of 
its customers. 

§ 936. Whenever a bank is unable to pay the specie on 
all the bills it has issued, it is said to have failed, or to be 
broken. But this may happen, and yet the bank may be 
solvent; that is, it may be able to pay all it owes. But it 
is not probable that a great proportion of the notes of any 
bank will be presented for payment at once ; and if unusual 
demands should at any time be made upon it for specie, it 
may cease to make any farther issues of its notes ; and from 
its daily collections of the notes of its customers which are 


which is to be discounted ? Who are called endorsers ? § 934. To 

what amount may banks issue their notes or bills ? What are divi¬ 
dends ? § 935. What guaranty has the community that the bills of 

banks will be redeemed ? § 936. When is a bank said to have failed ? 
Is a failure necessarily .an insolvency ? Why is a bank generally safe 



EXCHANGE.—BANKS. 


305 

constantly falling due, together with its capital on hand, it 
may meet all the demands that, in almost any supposable 
contingency, may be made upon it. 

§ 937. But wherein consist the advantages of paper- 
money? In the first place, it is more convenient than 
specie. It is much more easily counted, because a large 
portion of the amount of the paper-money in circulation is 
in notes of large denominations. It is also much lighter, 
and less bulky: several thousand dollars of this kind of 
money may usually be carried in a man’s pocket. And 
when it is lost or stolen, it may be more easily identified 
and recovered. Thus we see that it is more convenient as 
a medium of exchange than gold and silver; and so long 
as it is convertible into specie, it will in most cases be 
preferred. 

§ 938. Another advantage of the employment of paper- 
money, is its superior cheapness, as an instrument of ex¬ 
change. If paper may be substituted for one half or three 
fourths of the amount of money necessary for the business 
of the national exchanges, such proportion of the amount 
of specie formerly used for this purpose, may be applied to 
some other profitable use ; and so much may be said to have 
been added to the productive^, capital of the nation. 

§ 939. But it is obvious, that some precaution on the part of 
the government is necessary, to guard the community against 
losses by fraudulent banking companies. In some states, 
the property, personal and real, of the stockholders, is 
pledged for the redemption of the notes of the banks, while 
in others, the property of the corporation only, as such, can 
be taken for the debts of the bank. The principal security 
which the public has against loss by banks of the latter kind, 
is the honesty of those who manage them, and the power 
of the proper authority in the state, to take the manage¬ 
ment into its own hands, and to apply the effects to the pay¬ 
ment of the bill-holders, upon due evidence being given that 
banks are ill conducted. 


in issuing bills to a greater amount than its capital ? § 937. Why is 
paper-money more convenient than gold and silver coin ? $ 938. Why 
is it cheaper as an instrument of exchange ? § 939. What provision 

is made, in some states, for securing the redemption of bills by the 
26 * 


20 



306 


POLITICAL ECONOMY. 


§ 940. In the*-state of New York, a law was enacted in 
1830, by which a fund, called a safety fund , is provided, to 
indemnify the holders of bills against losses by the failure 
of banks. This fund is raised by collecting from the banks 
a yearly tax of one half of one per cent, on their capital 
stock, until such fund shall have amounted to three per cent.; 
and the law provides, that, whenever this fund shall have 
become exhausted in the payment of the debts of broken 
banks, taxation shall again be resorted to in order to re¬ 
plenish it. 

§ 941. In 1838, a general banking law was enacted in 
the same state, which not only secures the holders of bills 
against loss, but it has in view, at the same time, the ad¬ 
ditional object of extending the privileges of banking to all 
who wish to engage in the business. By complying with 
the provisions of this law, any person or persons may estab¬ 
lish a bank, without application to the legislature for a special 
law granting the privilege. 

§ 942. Several benefits are anticipated from this law. 
The privilege of banking being free to all, more capital will 
be brought into active employment, and, consequently, the 
productive industry of the country will be increased. Again, 
it is presumed, that, there being more money to be loaned, 
usurers will have less frequent opportunities of extorting 
oppressive rates of interest from those who are obliged to 
borrow. 

§ 943. At least one half of the capital of a bank estab¬ 
lished under this law, must consist of state stock, or public 
debt, that is to say, debt against the state; which is to be 
purchased, and transferred to the comptroller of the state. 
The remainder of the capital may consist of bonds and 
mortgages on real estate, which is to be taken at half of its 
estimated value, exclusive of the buildings thereon. The 
public debt must- produce, or be made equal to five per cent, 
a year; and the bonds and mortgages must draw at least 
six per cent, a year. 


banks ? § 940. How is security provided by the safety fund act of 
New York? §941. What are the objects of the general banking 
law of New York ? When was it enacted ? § 942. What benefits 
does this law propose ? § 943. How is the capital of these banks 




EXCHANGE.—BANKS . 1 


307 

§ 944. The notes to be issued by these banks, are to be 
furnished in blank by the comptroller, so engraved as to 
guard against counterfeiting, and countersigned by him or 
some other person duly authorized. But the comptroller 
may not furnish any bank with a greater amount of such 
blank notes or bills than the security pledged in public stock, 
or in public stock and real estate. The plates on which the 
bills are printed, are to remain in the custody of the comp¬ 
troller. And these banks are required to have on hand at 
least twelve and a half per cent, in specie of the amount of 
their notes in circulation. 

§ 945. The owners or assignors of the securities pledged, 
may receive the interest on them, unless default shall be 
made in the payment of their bills. But if the banks fail 
to redeem their bills, the comptroller disposes of the secu¬ 
rities, and pays the holders of the bills, who are, in such 
case, entitled to receive for damages fourteen per cent., in¬ 
stead of the legal interest, from the time of the refusal of 
payment, Thus we perceive, that this law affords security 
to the community against those losses which are often suf¬ 
fered from the fraudulent failure of banking companies, which 
has always been deemed one of the principal disadvantages 
of banks. 

§ 946. There is, however, one disadvantage attending a 
paper currency, against which no remedy is provided, viz. 
the fluctuation in the value of the circulating medium. The 
effect of an abundance and scarcity of money in changing 
its value, has been noticed. This fluctuation is frequently 
produced, to a greater or less extent, by sudden withdrawals 
and over issues of bank paper. This inconvenience, how¬ 
ever, is considered unimportant, compared to the advantages 
of a paper currency. Hence we find, that, in all commercial 
and prosperous countries, paper-money constitutes the greater 
portion of the circulating medium. Its value is considered 
equal to that of gold and silver, as a currency, because the 


% . 

constituted ? § 944. What provision is made for the protection of the 

community against losses from their failure ? § 945. How are holders 
of bills compensated for damages sustained by the failure of these 
banks ? § 946. What are the disadvantages of banks and a paper 

currency ? 



308 


POLITICAL ECONOMY. 


banks are bound to redeem their notes with specie on de¬ 
mand ; and it is generally preferred to specie, on account 
of its convenience. 


CHAPTER XIX. 

Distribution. — Wages, or the Price paid for Labor. 

§ 947. It has already been stated, that wealth, or the 
value of products, is created by the union of capital and 
labor ; and also, that products are, in general, the result of 
the industry and capital of different persons. The avails 
of the land of a farmer may be produced by the labor of 
other men. A master-shoemaker may have all his work 
performed by journeymen. But the proceeds of the sales 
of the grain and the shoes, do not all go to the farmer and 
master mechanic, nor to those who have performed the labor. 
As neither the capital nor labor alone would have produced 
any thing, it is evident, that the avails are to be divided ■ 
among the capitalists and laborers. 

§ 948. The division of the profits of the industry and 
capital employed in production, and the principles by which 
this division is regulated, are called distribution, or the dis¬ 
tribution of wealth. Sometimes a laborer lends his industry 
to a person who has capital only. The price of the labor, 
in this case, is called wages. Another may loan his capital 
to one who has industry. The price paid for the use of the 
capital, when it consists of money, is called interest: when 
it consists of land, buildings, machinery, &c. it is usually 
called rent. 

§ 949. The price of labor is affected by several circum¬ 
stances. Labor will be high or low, according to the pro- 


§ 947. How is wealth created ? Among whom are the profits of 
capital and labor divided ? § 948. What do you understand by dis¬ 
tribution? What are wages ? Interest? Rent? § 949. What effect 
has the abundance of capital upon labor ? What is the effect of a 




DISTRIBUTION.-WAGES. 


309 


portions which capital and labor bear to each other. When 
capital is abundant, there is usually a demand for labor, and 
then the price of labor rises. When, from any cause, the 
number of laborers in any community has been diminished, 
while the capital remains the same, capitalists will overbid 
each other for workmen, and the price of wages will be 
raised. But if the capital should be diminished, and the 
number of laborers continue the same; or if the population 
of a country should increase more rapidly than its capital, 
the price of labor would gradually fall, unless kept up by 
some special counteracting cause. 

§ 950. A man who invests a capital of ten thousand 
dollars in any business, must necessarily employ a greater 
number of laborers than one who has but half that amount 
invested in the same business ; and he is capable of render¬ 
ing a greater benefit to the community, by furnishing the 
means of support to a greater number of persons. There¬ 
fore, the greater the amount of capital there is in a country, 
the more labor will be required. 

§ 951. Hence we find, that a country increases in popu¬ 
lation, in proportion as it increases in wealth. Where 
capital is abundant, the means of living are easily obtained; 
and where the comforts of life are abundantly enjoyed, a 
greater number of children will be reared, as observation 
infallibly proves; and a greater number of laborers also 
will emigrate to such a place from other countries, where 
the price of labor is lower, and the means of living are less 
easily acquired. And if the supply of labor thus furnished 
increase more rapidly than the capital of the country, the 
price of labor will gradually be reduced. 

§ 952. Wages are affected by the danger, fatigue, or 
disagreeableness of the labor to be performed. If the per¬ 
formance of any kind of labor be easy and pleasant, many 
will desire to engage in it; and wages in this employment 
will be low. On the other hand, if labor in any business 
be performed with difficulty, or if it be in its nature un¬ 


diminution of capital ? § 950. Why is a rich man capable of render- 
ing a greater benefit to community than a poor man ? § 951. What 
effect has the increase or the abundance of capital upon the population 
of a country ? § 952. What effect has the disagreeableness of any 



310 


POLITICAL ECONOMY. 


pleasant and disagreeable, a supply of labor will not be ob¬ 
tained without the offer of higher wages. 

§ 953. The regularity or irregularity of the occupation 
of the laborer also affects the price of labor. If a man’s 
trade does not give him constant employment, he must re¬ 
ceive more for an hour’s labor, than he whose occupation 
demands incessant labor. Thus a trader, who performs 
but one or two operations during the day, though but an 
hour’s time may be occupied in their performance, must re¬ 
ceive a profit at least equal to the interest on his capital for 
a whole day, and the ordinary price of labor for the same 
time. A physician or a lawyer charges for attending to a 
single call, as much as is charged for a day’s labor in other 
occupations ; because his services may not be again wanted 
during the day. 

§ 954. Wages are generally in proportion to the skill of 
the laborer. The highest degree of skill, whether acquired 
by a long course of practice, or whether it is the result of a 
peculiar aptitude for a particular kind of business, is pos¬ 
sessed by a small proportion of laborers. And those who 
possess this skill, will be enabled to obtain higher wages 
than are paid for ordinary labor. 

§ 955. So also persons to whom responsible trusts are com¬ 
mitted, command higher wages than others. The business 
of a master-agent, for example, often requires extraordinary 
qualifications. To secure the confidence of his employer, 
he must possess moral character, prudence, and what is 
commonly termed, a “ natural talent” for business. And 
as few persons singly possess all these qualifications, these 
few will ask for their labor a higher price than is paid for 
labor which can be performed by a greater portion of 
laborers. 

§ 956. The price of labor is often determined by the de¬ 
gree of profit which a particular ^kind of business affords. 
When any business becomes profitable, more capital will be 


kind of labor upon the wages of labor ? § 953. Show by example 

the effect of the inconstancy of an occupation upon the price of 
labor. § 954. Why does a skilful laborer receive higher wages than an 
unskilful one ? § 955. Why do persons of good character and of good 
abilities, command higher wages than those of the opposite character ? 
$ 956. Why does the profitableness of any business raise the price of 



DISTRIBUTION.—WAGES. 


311 


invested in it, and the price of labor employed in it will 
rise. Competition, however, among the capitalists, will soon 
reduce the profits of their business, and labor in that em¬ 
ployment will, after a little time, be no better paid than in 
others. 

§ 957. Labor is of two kinds : simple labor and educated 
labor. Simple labor is that which may be performed by any 
person of sufficient strength, without any considerable pre¬ 
vious education or training. The price of simple labor is 
governed by several circumstances. A laborer must be 
able, from his earnings, to supply himself with the neces¬ 
saries of life. For less than this, it is not expected that any 
one would be willing to labor. 

§ 958. But this is not all. The wages of a laborer 
should be sufficient to enable him, besides supplying his own 
wants, to support his family, and such other persons as are 
dependent on his labor for the means of subsistence; and 
also to lay up something to support him, when, from sick¬ 
ness or old age, he shall have become unable to labor; else 
he must, in that event, either starve, or he must be supported 
either by individual or by public charity. 

§ 959. In a warm climate, less fuel and clothing are re¬ 
quired than in a cold one. A person can therefore support 
himself with lower wages in the former than in the latter, 
other things being equal. The less the expense of living, 
the lower will naturally be the price of labor ; for where 
there is competition in labor, its tendency always is to re¬ 
duce the price of labor to the lowest point at which it can 
procure the conveniences of life. 

§ 960. By educated labor is meant that labor which re¬ 
quires considerable previous preparation or training in order 
to accomplish it. A tailor, or blacksmith, receives higher 
wages than an ordinary laborer by the day or month. Hav¬ 
ing served several years as an apprentice to the trade at 
which he labors, he is entitled to compensation for the time 


tabor ? By what means are wage§ again reduced ? § 957. What is 

simple labor? What is the least compensation which any laborer 
ought to receive ? § 958. What more is it proper that he should re¬ 
ceive ? § 959. How does living in warm climates affect the price of 

labor ? § 960. What is educated labor ? Why should it be better 



312 


POLITICAL ECONOMY. 


spent in acquiring the skill necessary to the due perform¬ 
ance of the labor. 

§ 961. Such is the labor of lawyers, physicians, and cler¬ 
gymen, whose wages are such as to compensate them for 
the expenditure of money, as well as time, in acquiring the 
qualifications indispensable to their several callings. If 
labor of this description did not receive an adequate reward, 
persons would be little disposed to qualify themselves for the 
learned professions. 


CHAPTER XX. 

Interest , or the Price paid for the Use cf Capital.—Rent 
of Land. 

§ 962. We are next to speak of the profits of capital. 
If a man lends his capital to another, he is entitled to some¬ 
thing for the use of it; because, first, had he not loaned it, 
he might have united his own labor with it, and thus have 
derived from it a profit greater than would have accrued 
from his own simple labor, disconnected from capital; 
secondly, because the borrower, having expended neither 
time nor previous labor in acquiring the capital, can afford, 
and ought to pay, something for the use of that which has 
cost another a great amount of labor, and which renders 
his own industry more productive. 

§ 963. In all cases, therefore, the owner of capital em. 
ployed in production, is entitled to a share of the profits 
arising from its employment. If he has used it himself, he 
of course receives the whole profit of the capital and in¬ 
dustry united ; but if the labor of another person has been 
exerted upon it, the profits are divided among the capitalists 
and laborers. 


rewarded ? § 961. What kind of labor is that of lawyers, physicians, 
and clergymen ? 

§ 962. Why is a man entitled to a compensation for the loan of 
capital ? § 963. In what cases does he receive the whole profits of hi* 




DISTRIBUTION.—INTEREST. 313 

§ 964. The division of the profits of capital and labor, 
varies according to the nature of the agreement between 
the parties. A coach-manufacturer, for example, possesses 
all the capital necessary for the prosecution of his business; 
but he employs other persons to perform the labor. In 
this case the capitalist assumes all the risk, and pays to the 
laborers stipulated wages, retaining to himself all that re¬ 
mains of the profits of the business. 

§ 965. But the owner of the capital may choose to loan 
his shop and tools to the laborers, the latter taking the risk 
of the business. In this case, and in similar instances, in 
which the risk devolves upon the borrower, a specific sum 
is generally paid to the capitalist, and the remainder of the 
profits is taken by those who perform the labor. 

§ 966. There are other conditions still, on which capital 
and industry are united, and which require a different dis¬ 
tribution of the profits. One individual may furnish the 
capital, and another the labor and skill, each assuming a 
portion of the risk attending the enterprise. The union 
thus formed is called a copartnership ; and the profits of the 
business are usually shared by the parties, either equally, or 
in such other proportions as have been previously agreed 
on. Or, each may furnish a portion of both the capital and 
labor, and share in the risks and profits of the business. 

§ 967. The rate of interest is varied by circumstances. 
If, with the labor bestowed upon capital, it should yield a 
revenue no greater than the same labor would produce 
without capital, the borrower could afford to pay no interest 
for the use of it. If it should produce a revenue equal to 
double the cost of the labor bestowed, he could afford to 
pay for the use of the capital a price nearly equal to one 
half of the value produced. We say nearly equal; for it 
should be remembered, that every kind of business in which 
capital is employed, is attended with some degree of risk ; 
and the borrower, if he be an economist, will calculate for 


capital ? § 964, 965. Illustrate, by an example, how the distribution 
of profits is varied by the agreement between parties. § 966. How 
are partnerships usually formed ? By what rule are the profits of 
partnerships divided ? § 967. Why ought not a person to pay as in¬ 

terest for the use of capital, all it produces over and above the bare 

27 



314 


POLITICAL ECONOMY. 


losses from careless workmen, unavoidable accidents, and 
other causes. 

§ 968. In loaning his capital, a man is governed by vari¬ 
ous considerations. If he can, with his own labor, make it 
produce fifteen or twenty per cent., he will ask a higher 
interest than when it would yield but half that per centage. 
Thus, in proportion to the productiveness of capital, will 
generally be the interest charged fortheuse of it. If, how¬ 
ever, he do not possess the knowledge and skill necessary 
to give the most profitable employment to his capital, he will 
be more likely to loan it to others at a lower rate of inter¬ 
est, than if he had the requisite skill and experience to 
manage his capital to advantage. 

§ 969. The rate of interest is affected by risk, or uncer¬ 
tainty. A person loaning his capital for a definite period, 
makes arrangements for its reinvestment at the expiration 
of the term for which it was loaned ; and if it be not punc¬ 
tually paid, the lender will be liable to loss or embarrass¬ 
ment. These risks and supposable contingencies, must 
therefore be taken into account by every person who loans 
his capital. 

§ 970. But there is danger that capital lent will never be 
returned. The borrower may be dishonest; or, if honest, 
he may be destitute of the skill necessary to employ the capi¬ 
tal profitably, and hence he may become unable to refund 
the same. In providing against these probable losses, the 
lender will charge a higher rate of interest than he would 
demand in case the investment were safe beyond the possi¬ 
bility of loss. This may in part account for the fact, that 
the government usually pays a lower rate of interest than is 
paid by individuals. Capitalists have the fullest confidence 
in the public credit, in this country. 

§ 971. The time for which money is loaned has some 
effect in determining the rate of interest. When money is 
lent for short or indefinite periods, a higher interest is charg- 


cost of his labor ? § 968. Why does a man charge a higher rate of 
interest when the profits of capital are great ? § 969. Why should 
the circumstance of risk or uncertainty affect the rate of interest ? 
§ 970. Why should the danger of the insolvency of a borrower affect 
the rate of interest? § 971. Why is the rate of interest affected by 



DISTRIBUTION.—INTEREST. 


316 


cd than when it is lent for long periods. When money is 
often returned to the lender, it will frequently remain on 
hand for a long time before an opportunity offers for reloan¬ 
ing it; during which time it yields no interest. If the time 
for which the money is lent is indefinite as well as short, the 
liability to loss is still greater, as the money may be return¬ 
ed unexpectedly to the lender, when he is unprepared for 
making a profitable reinvestment. 

§ 97*2. We have spoken above of interest on capital, and 
interest on money, indiscriminately. Although the term 
interest is generally used to signify the price paid for the 
use of money, it is with equal, perhaps greater propriety, 
applied to other capital; for we borrow money for the pur¬ 
pose of procuring with it the capital which we desire: and 
the use of the money, strictly speaking, ends when the pur¬ 
chase of the capital is completed. 

§ 973. Rent , or the price of the use of land, is regulated 
by the same principles as interest; regard being had to its 
power of production. For an acre of land which produces 
forty bushels of wheat, a person can afford to pay double 
the rent that is paid for an acre which yields but twenty 
bushels. More than this ; for the cost of cultivation is the 
same in both cases. 

§ 974. The relative value of productive and unproductive 
land, may be thus illustrated : Suppose the quantity of wheat 
produced to be as above supposed, and to be sold for one 
dollar a bushel; the value of the product of the one acre 
will be forty dollars, and the value of that of the other will 
be twenty dollars. If we deduct from each ten dollars for 
the cost of production and sale of the product, the value 
remaining of the proceeds of the one acre will be thirty 
dollars, and of the other, ten dollars. Now, if five dollars 
were paid for the use of the unproductive, and ten dollars 
for the use of the productive acre, the nett profits of the latter 
will still be four times as great as the profits of the former. 

§ 975. The price of land depends essentially upon its 


the period of time for which capital is lent ? § 972. What is the dif¬ 

ference between the interest of money and the interest of capital ? 
§ 973, By what principle is the rent of land regulated ? § 974. Illus- 
trate, by example, the relative value of oroductive and unproductive 



316 


POLITICAL ECONOMY. 


situation. Land in the neighborhood of a market is more 
valuable than land of equal fertility lying at a greater dis¬ 
tance from the market; because, in the latter case, a con¬ 
siderable portion of the value of products is consumed in 
transportation. Hence, land of inferior quality in one place, 
may be of greater value than land of superior fertility in 
another. The disadvantages of situation, however, are 
often removed by the construction of canals, rail-roads, and 
other improvements of internal communication ; and lands 
are thus frequently raised to two or three times their for¬ 
mer value. 

§ 976. We see from what has been said, what circum¬ 
stances enter into the computation, in estimating the value 
of land. There must be taken into account the several 
items of the cost of production, embracing the cost of the 
labor of the master-farmer and others employed in tillage 
and securing the crop, the cost of seed, and the expense of 
transportation. These may ordinarily be estimated with 
sufficient accuracy, to enable a person to determine how 
much he can afford to pay for the use of land. 

§ 977. The principle of distribution may be exemplified 
in the case of a manufactured product. The aggregate cost 
of a coat includes these several items: the cost of the wool 
from which the garment is made; the labor of the master- 
manufacturer, the interest on his capital, and the wear of his 
machinery; the labor of the spinner, weaver, dyer, and dress¬ 
er of the cloth, and the cost of the dying materials; the 
additional charge of the manufacturer for risks and losses; 
the labor and skill of the merchant, with interest on his 
capital; and lastly, the labor of the tailor. Thus the price 
of the coat is distributed among these several producers. 

§ 978. For aught that has been said, it may be supposed 
that every man has a right to loan his capital for what an¬ 
other is willing to pay. But such is the law, that capital, 
consisting of any thing else than money, may be thus loan- 


land. § 975. How does the situation of land affect its price ? How 
may the disadvantage of situation be removed? § 976. What are 
the principal circumstances to be taken into account in estimating the 
price of land ? § 977. Illustrate the principle of distribution in the 
case of a manufactured product. $ 978. May a person receive for 




DISTRIBUTION.—INTEREST. 317 

ed; but in loaning money, the lender is restricted to a cer¬ 
tain rate of interest. 

§ 979. Many are of the opinion, that this law unjustly 
interferes with the right of property, and is in its operation 
injurious to the community. Why should money be the 
subject of such a regulation, when every other species of 
capital or property is exempt from it ? When land is pro¬ 
ductive, and its products are dear, a high price may be taken 
for the use of it; and if no person will pay the rent asked, 
the owner may occupy it himself. 

§ 980. When money may be so invested as to yield a 
higher than ordinary profit, the borrower can afford to pay 
a corresponding price for it. But if the law forbid his re¬ 
ceiving for it what it is worth, he will choose to invest it 
himself where it will produce such revenue. Thus he is 
compelled to enter into a business for which he has no 
inclination, and the other is obliged to forego the privi¬ 
lege of engaging in what may be to him a profitable and 
agreeable undertaking. But it is often the case, that, rather 
than relinquish a promising or favorite project, a price is 
offered for money sufficiently high to induce the lender to 
risk the consequences of a violation of the law, or to devise 
some dishonorable means of evading its penalty. 

§ 981. Whatever may be the tendency and operation of 
this law, it has in view the worthy object of preventing men 
from oppressing the poor and necessitous, by extorting from 
them ruinous rates of interest. And public sentiment in 
this and other civilized nations has hitherto sanctioned this 
law. The propriety of a law fixing the rate of interest to 
be paid in cases in which there is no previous agreement 
between parties, is admitted by all. 


the use of money whatever another is willing to pay ? § 979. Why 
should a distinction be made between money and other property ? 
§ 980. What reasons may be given against this distinction ? § 981. 
How extensively do usury laws prevail ? Can you tell what are the 
probable good effects that would result from the repeal of these laws ? 
27* 



318 


POLITICAL ECONOMY. 


CHAPTER XXI. 

Consumption.—Individual Consumption. 

§ 982. By consumption is meant the destruction of value; 
and this destruction of value or utility of a product, is effected 
by appropriating it to the use for which it is intended. The 
production of wealth, we have defined to be the creation of 
value, or the investing of any substance with utility ; that 
is, with the capability of gratifying our desires, or of satis¬ 
fying our wants. Consumption, on the contrary, is the 
destruction of this utility, which is effected by appropriating 
it to its intended use, or by accident. A person may destroy 
the value of a garment by wearing it, or it may accidentally 
fall into the fire, and be burned. In either case, the garment 
is consumed; that is, its value is destroyed. 

§ 983. Production consists, not in the creation of matter, 
but in giving it value, or in so changing its form as to invest 
it with utility; consumption is the subtracting from a pro¬ 
duct its value or utility; that is, its capability of satisfying 
our wants. All products are created for the purpose of use 
or consumption, and, sooner or later, they will be consumed. 

§ 984. Consumption may be considered to be of two 
kinds, individual and national. As many things relating to 
the subject of consumption, have necessarily been remarked, 
incidentally, in the other divisions of this treatise, we shall 
embrace what remains to be said on this division, in two 
chapters ; one of which will be devoted to each of the two 
kinds of consumption above mentioned; and our remarks 
will relate chiefly to the principles by which consumption is 
regulated. 

§ 985. Individual consumption is always designed either 
to effect the reproduction of value, or to gratify the desires 
or satisfy the wants of individuals. And no value can be 
produced without the destruction of some other value pre¬ 
viously created. Thus the value of wool, as such, is con¬ 
sumed in the production of a piece of cloth. And the 


§ 982, 983. What is understood by consumption ? How is the 
value of a product destroyed ? § 985. What is individual consump* 



CONSUMPTION. 


319 


farmer, in producing the various agricultural products, must 
consume a portion of his previously acquired capital, con¬ 
sisting of seed, wages of labor, provender for working ani¬ 
mals, wear and tear of the implements of husbandry, &c. 

§ 986. In a former part of this essay, we have seen that 
a union of capital and labor is essential to production ; which 
is, in effect, the consumption of one value for the production 
of another value : and this consumption is of capital and 
labor. As no valuable product is created but by the de¬ 
struction of previously existing values, in other words, the 
consumption of capital previously produced, economy re¬ 
quires that this productive consumption , as it is properly called, 
should be of the smallest value capable of creating the largest 
product. 

§ 987. To the economical consumption of capital and 
labor, several things are necessary. A man would unwisely 
expend his capital, who should build a manufactory at a cost 
of one thousand dollars, when one costing half that sum 
would be sufficient for his business. There would be a 
total waste of five hundred dollars, which might have been 
profitably employed in carrying on his manufacturing opera¬ 
tions. The farmer would be chargeable with the same im¬ 
providence, who should purchase twice as much land as he 
is able to stock and cultivate to advantage, or who should 
keep twice as many working animals as are necessary for 
the cultivation of his farm. The same may be said of the 
merchant who should purchase a stock of merchandise 
worth ten thousand dollars, when a stock of half that amount 
would supply the wants of his customers. 

§ 988. In commencing business, therefore, a man should 
not only invest the least amount of capital that he can profit¬ 
ably employ; but he ought so to regulate his investment, 
that his fixed capital shall be duly proportioned to his circu¬ 
lating capital; by which we mean, that he ought to lay out 
so small a portion of his capital for land, buildings, or ma¬ 
chinery, as to leave as much as possible to be employed in 


tion ? What is it designed for ? § 986. What is meant by produc¬ 
tive consumption ? § 987. If a farmer should buy more land than he 

could cultivate, what would be the effect upon his interest ? § 988. 

What general principle should regulate the outlay of his capital ? 



320 


POLITICAL ECONOMY. 


carrying on directly the business of production. Suppose 
that a man has a capital of two thousand dollars, and that 
he expends fifteen hundred dollars in the purchase of ma¬ 
chinery, tools, &c. when an outlay of one thousand dollars 
for that purpose is sufficient: he has now but five hundred 
dollars for the purchase of the raw material of his manu¬ 
facture, and provisions for his workmen, and for the pay¬ 
ment of their wages; whereas, by an economical apportion¬ 
ment of his capital, he might employ double this amount 
in the business of production. 

§ 989. The same principle applies to the consumption of 
labor. A manufacturer may employ too great a number of 
laborers. Where there are too many workmen, some of 
them will generally be idle a part of the time, and one idle 
person will hinder many others. On the other hand, he may 
employ too small a number of laborers to avail himself of 
the greatest benefit of the division of labor, which has been 
explained in one of the chapters on production. For if 
there be too few workmen, one must perform several 
kinds of labor, or several different operations, which could 
be most profitably performed, when each workman is con¬ 
fined to one kind of labor, or to a single operation. 

§ 990. Also, the different kinds of labor should be rightly 
proportioned to each other. In almost every branch of in¬ 
dustry, there is employed a greater or less quantity of both 
educated and simple labor. If, therefore, a manufacturer 
should employ none but experienced and skilful laborers at 
the highest rate of wages, when a part of the labor might 
be done by uneducated laborers, perhaps by women and 
children ; he would evince a great lack of economy. On 
the contrary, the intrusting of important business to persons 
wanting the requisite experience and skill, is sometimes at¬ 
tended with much loss. 

§ 991. Every part and every item of capital should be 
turned to account. A tailor who should so cut up his cloth, 
as to waste as much of every piece as would make a gar¬ 
ment, must necessarily make slow progress in the way to 


How ought lie to proportion his fixed and circulating capitals ? § 989. 
What is the effect of a man’s employing too many or to few laborers ? 
§ 990. Wherein consists the advantage of employing a portion of 



CONSUMPTION. 


321 

wealth. Many a mechanic has thus been kept in a state of 
poverty; while others by an habitual observance of proper 
care in working up, or “ saving all the pieces,” (to use a 
common phrase,) have accumulated moderate fortunes in the 
course of their business. 

§ 992. Like economy should be practised in the consump¬ 
tion of labor. To secure the faithful performance of all 
the labor employed, the farmer or mechanic must, as far as 
possible, personally superintend his own business. Few 
workmen are as careful of their employer’s interest, as he is 
himself, or as industrious in his absence as in his presence. 
It is important, also, that the best tools be had, and that they 
be kept in the best order, and ready for use at all times. 
Much labor is often lost by the failure of a weak, unsound 
instrument, or by the use of one that is unwieldy, or out of 
repair. 

§ 993. Hence we see, that a man who would thrive in 
business, must be frugal in the consumption of capital and 
labor. What is saved by an economical expenditure of 
ihese, reduces, by so much, the cost of the manufacture; 
and his profits on the capital and labor employed are so 
much greater. A persevering application of these princi¬ 
ples to almost any business, if it do not speedily put a man 
in the possession of a fortune, will never fail of securing to 
him at least a comfortable independence. 

§ 994. The consumption of value to satisfy the wants 
and desires of individuals, is called unproductive consump¬ 
tion, in contradistinction to the consumption of value for the 
purpose of reproduction ; and may be considered to include 
the consumption of whatever is necessary to sustain human 
life, and render it agreeable. The expenditure of what is 
necessary to procure the absolute necessaries of life, and a 
practical education, has been with some degree of propriety 
called productive consumption; because without them we 
could either not produce any thing at all, or we could not 
produce it abundantly. But as no material product is directly 


simple labor ? § 992. By what management can an employer get the 
greatest amount of labor from his workmen ? § 993. What will be 
the effect of an observance of these principles of economy upon a 
person’s prosperity ? § 994. What is unproductive consumption ? 


21 



324 


POLITICAL ECONOMY. 


object is the compensation of the officers of the govern¬ 
ment. Civil government is indispensable to the existence 
and well-being of society; and all who share in its benefits, 
should yield to its demands for the means of its support. 
But the people ought to remember, that they cannot safely 
intrust the protection of their rights and interests to bad 
men; and if they expect an equivalent for their money, they 
must expend it in buying the services of good and faithful 
officers. 

§ 1002. Another object of the public expenditure, is the 
relief of the poor. There are, in every country, many 
persons who, through unavoidable misfortune, are reduced 
to poverty, and who cannot support themselves. Every 
humane government makes provision for the maintenance 
of such persons at the public expense. And those who 
have shared more liberally in the Divine benefaction, ought 
cheerfully to contribute to the relief of their necessitous 
fellow-men. 

§ 1003. Of the advantages of a free and easy intercourse 
between the different parts of the country, and of the economy 
of constructing important works of internal improvement 
at the expense of the nation or state, we have spoken else¬ 
where. (See Internal Improvements.) There are other 
similar improvements demanded by the general welfare and 
prosperity of the country, the expense of which is properly 
chargeable to the public account. 

§ 1004. A portion of the public wealth should be appro¬ 
priated to the general diffusion of learning. It is for the 
interest of the community, that every citizen possess a good 
practical education. But there are many who are indifferent 
to the education of their children, or whose vices or mis¬ 
fortunes have deprived them of the means necessary to 
educate them properly. Benevolence, as well as a regard 
for the general good of society, requires that learning be 
encouraged and promoted by the government, to such extent 


probable effect of employing bad and incompetent public officers? 
§ 1002. By whom ought poor persons to be supported ? § 1003. Is it 
good economy for a nation to expend any of its funds in making in¬ 
ternal improvements ? Show how they prove beneficial to the com¬ 
munity in general ? § 1004. State the reasons why the government 



CONSUMPTION. 


326 


at least, as to bring within the reach of all, the means of 
acquiring a practical education, which shall embrace a 
knowledge, not only of the sciences necessary to qualify 
them for the common business of life, but a knowledge also 
of their duties as citizens, and as members of society. 

§ 1005. In conclusion, the compiler is impelled, by a 
deep solicitude for the welfare of his country, and the pre¬ 
servation of its free institutions, to offer a few observations 
on the subject of education, as the grand means by which 
the people of these United States are to transmit the bless¬ 
ings of civil and religious liberty to their descendants. 
Education is the hope of our republic . It gives strength and 
stability to the government, and forms the basis of national 
as well as social happiness. The general diffusion of learn¬ 
ing, therefore, is an object that demands the regard of every 
citizen. 

§ 1006. Patriotism should be sedulously inculcated, and 
universally cherished. Genuine patriotism is that ardent 
love of country, which will induce the citizen to make all 
needful sacrifices to promote its welfare. It should be one 
of the first objects, in the education of our youth, to cause 
them to place a proper estimate upon republican institutions. 
They must early learn, that their individual happiness, no 
less than the happiness and prosperity of the nation, depends 
upon the preservation of the liberties guarantied by our in¬ 
valuable constitution. 

§ 1007. A useful education includes a knowledge of the 
principles of the government under which we live. How- 
can any citizen be qualified to take a part in the administra¬ 
tion of the government, who is destitute of this knowledge ? 
Free government presupposes intelligence in the body 
politic. Ignorance and liberty cannot long subsist together. 
When men do not understand the tenure by which they hold 
their rights, they are incapable of maintaining them. Pre¬ 
suming upon the ignorance of the people, ambitious politi¬ 
cians will be encouraged to break through the restraints of 


should encourage and support institutions of learning ? § 1005. What 
effect has education upon individual and national happiness ? § 1006. 
What is patriotism ? What influence will it naturally have upon the 
conduct of citizens? § 1007. Can you tell why a knowledge of the 
28 



326 


POLITICAL ECONOMY. 


the constitution, in order to acquire or retain political power, 
fearless of being called to account. 

§ 1008. Respect and obedience to the laws should be 
faithfully inculcated. All laws which do not actually violate 
the rights of conscience, or which do not interfere with our 
duties to our Creator, should receive a ready and cheerful 
obedience. No law affecting merely our property and per¬ 
sons, can be violated without incurring guilt. Neither the 
injustice nor the inequality of a law, can justify its violation. 
When necessary laws are wanting for the punishment of 
crime, men may not take the law into their own hands, and 
inflict summary punishment, according to their own ideas 
of justice. It is the duty of the citizen to submit to the 
laws of the land ; and to endeavor, by all peaceable and 
lawful means, to procure the repeal of bad laws, and the 
enactment of good ones. 

§ 1009. Education must be united with religious princi¬ 
ple. It is not enough that the citizen understands his duties. 
Knowledge, if improperly used, may ‘be productive of great 
evil. Where the love of virtue does not govern the con¬ 
duct of men, violations of the laws will be frequent, and the 
rights of men will be unsafe. Bad men will obtain the 
public offices ; bad laws will be made; and civil and reli¬ 
gious liberty will be destroyed. Said the revered Washing¬ 
ton, “ Of all the dispositions and habits which lead to politi¬ 
cal prosperity, religion and morality are indispensable 
supports. In vain would that man claim the tribute of 
patriotism, who should labor to subvert these great pillars 
of human happiness, these firmest props of the duties of men 
and citizens.” 

§ 1010. The minds of youth should be early impressed 
with the principles of peace. It is not intended here to 
discuss the question of the lawfulness of war ; but merely 
to declare the belief, that the power of the principles of 
peace, is one of the most effectual means of defence of the 
rights of nations as well as of individuals. 


principles of government is necessary ? § 1008. What would be the 

natural effect of a general disregard of the laws upon the interests 
of the community ? § 1009. Why is the prevalence of moral and 

religious principle deemed essential to national happiness? § 1010. If 
all men were governed by the pure principles of peace, what would 



CONSUMPTION. 


327 


§ 1011. Let our citizens, then, promote the general diffu¬ 
sion of knowledge. Let our youth be instructed in their 
duties as members of society and as citizens of a free 
government; and be taught to regard the public welfare as 
of higher value than the interests of individuals or of parties, 
and to feel themselves individually responsible for their 
moral and political influence; and our liberties will be safe. 
It has been said by a worthy citizen of another nation; 

Let America be good, and America will be happyand, 
it may be added, whatever has been the fate of former 
republics, ours will stand an enduring witness to the truth, 
that MAN CAN BE GOVERNED, AND YET BE FREE. 


be the effect upon the world ? § 1011. What is the general effect of 

the spirit of party upon the public welfare ? What are the principal 
waeans by which our republican institutions may be preserved ? 



DECLARATION OF INDEPENDENCE. 


In Congress, July 4, 1776, 

THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED 
STATES OF AMERICA. 

When, in the course of human events, it becomes neces¬ 
sary for one people to dissolve the political bands which 
have connected them with another, and to assume, among 
the powers of the earth, the separate and equal station to 
which the laws of nature and of nature’s God entitle them, 
a decent respect to the opinions of mankind requires that 
they should declare the causes which impel them to the 
separation. 

We hold these truths to be self-evident: that all men are 
created equal, that they are endowed by their Creator with 
certain unalienable rights; that among these are life, liberty, 
and the pursuit of happiness. That to secure these rights, 
governments are instituted among men, deriving their just 
powers from the consent of the governed; that whenever 
any form of government becomes destructive of these ends, 
it is the right of the people to alter or to abolish it, and to 
institute a new government, laying its foundation on such 
principles, and organizing its powers in such form, as to 
them shall seem most likely to effect their safety and hap¬ 
piness. Prudence, indeed, will dictate, that governments 
long established should not be changed for light and transient 
causes ; and accordingly all experience hath shown, that 
mankind are more disposed to suffer while evils are suffera¬ 
ble, than to right themselves by abolishing the forms to 
which they are accustomed. But when a long train of abuses 
and usurpations, pursuing invariably the same object, evinces 
a design to reduce them under absolute despotism, it is their 
right, it is their duty, to throw off such government, and to 
provide new guards for their future security. Such has been 



DECLARATION OF INDEPENDENCE. 329 

the patient sufferance of these colonies; and such is now 
the necessity which constrains them to alter their former 
systems of government. The history of the present king 
of Great Britain is a history of repeated injuries and usur¬ 
pations, all having in direct object the establishment of an 
absolute tyranny over these states. To prove this, let facts 
be submitted to a candid world. 

He has refused his assent to laws the most wholesome and 
necessary for the public good. 

He has forbidden his governors to pass laws of immediate 
and pressing importance, unless suspended in their operation, 
till his assent should be obtained ; and when so suspended, 
he has utterly neglected to attend to them. 

He has refused to pass other laws for the accommodation 
of large districts of people, unless those people would relin¬ 
quish the right of representation in the legislature—a right 
inestimable to them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the depository of their public 
records, for the sole purpose of fatiguing them into com¬ 
pliance with his measures. 

He has dissolved representative houses repeatedly, for 
opposing, with manly firmness, his invasions on the rights 
of the people. 

He has refused, for a long time after such dissolutions, to 
cause others to be elected ; whereby the legislative powers 
incapable of annihilation, have returned to the people at 
large, for their exercise, the state remaining, in the mean 
time, exposed to all the dangers of invasion from without, 
and convulsions within. 

Fie has endeavored to prevent the population of these 
states ; for that purpose obstructing the laws for naturaliza¬ 
tion of foreigners ; refusing to pass others to encourage 
their migration hither, and raising the condition of new ap¬ 
propriations of lands. 

He has obstructed the administration of justice, by refus¬ 
ing his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for the 
tenure of their offices, and the amount and payment of their 
salaries. 

He has erected a multitude of new offices, and sent hither 
28* 


330 


DECLARATION OF INDEPENDENCE. 


swarms of officers, to harass our people, and eat out their 
substance. 

He has kept among us, in times of peace, standing armies, 
without the consent of our legislatures. 

He has affected to render the military independent of, and 
superior to, the civil power. 

He has combined with others to subject us to a jurisdic¬ 
tion foreign to our constitution, and unacknowledged by our 
laws, giving his assent to their acts of pretended legislation: 

For quartering large bodies of armed troops among us: 

For protecting them, by a mock trial, from punishment 
for any murders which they should commit on the inhabit¬ 
ants of these states: 

For cutting off our trade with all parts of the world: 

For imposing taxes on us without our consent: 

For depriving us, in many cases, of the benefits of trial 
by jury; 

For transporting us beyond seas to be tried for pretended 
offences; 

For abolishing the free system of English laws in a neigh¬ 
boring province, establishing therein an arbitrary govern¬ 
ment, and enlarging its boundaries, so as to render it at 
once an example and fit instrument for introducing the same 
absolute rule into these colonies ; 

For taking away our charters, abolishing our most valua¬ 
ble laws, and altering, fundamentally, the forms of our 
governments: 

For suspending our own legislatures, and declaring them¬ 
selves invested with power to legislate for us in all cases 
whatsoever. 

He has abdicated government here, by declaring us out 
of his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our 
towns, and destroyed the lives of our people. 

He is at this time transporting large armies of foreign 
mercenaries to complete the works of death, desolation, and 
tyranny, .already begun with circumstances of cruelty and 
perfidy, scarcely paralleled in the most barbarous ages, and 
totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on 
the high seas, to bear arms against their country, to become 


DECLARATION OF INDEPENDENCE. 


331 


the executioners of their friends and brethren, or to fail 
themselves by their hands. 

He has excited domestic insurrections among us, and has 
endeavored to bring on the inhabitants of our frontiers the 
merciless Indian savages, whose known rule of warfare is 
an undistinguished destruction of all ages, sexes, and con¬ 
ditions. 

In every stage of these oppressions we have petitioned 
for redress in the most humble temis : our repeated peti¬ 
tions have been answered only by repeated injury. A 
prince, whose character is thus marked by every act 
which may define a tyrant, is unfit to be the ruler of a free 
people. 

Nor have we been wanting in attentions to our British 
brethren. We have warned them, from time to time, of 
attempts by their legislature to extend an unwarrantable 
jurisdiction over us. We have reminded them of the cir¬ 
cumstances of our emigration and settlement here. We 
have appealed to their native justice and magnanimity, and 
we have conjured them by the. ties of our common kindred 
to disavow these usurpations, which would inevitably inter¬ 
rupt our connections and correspondence. They, too, have 
been deaf to the voice of justice and consanguinity. We 
must, therefore, acquiesce in the necessity which denounces 
our separation, and hold them, as we hold the rest of man¬ 
kind—enemies in war, in peace friends. 

We, therefore, the representatives of the United States 
of America, in general congress assembled, appealing to 
the Supreme Judge of the world for the rectitude of our 
intentions, do, in the name, and by the authority, of the 
good people of these colonies, solemnly publish and declare, 
that these united colonies are, and of right ought to be, free 
and independent states; that they are absolved from all 
allegiance to the British crown, and that all political con¬ 
nection between them and the state of Great Britain is, and 
ought to be, totally dissolved; and that, as free and inde¬ 
pendent states, they have full power to levy war, conclude 
peace, contract alliances, establish commerce, and do all 
other acts and things which independent states may of right 
do. And for the support of the declaration, with a firm re¬ 
liance on the protection of Divine Providence, we mutually 


982 


DECLARATION OF INDEPENDENCE. 


pledge to each other our lives, our fortunes, and our sacred 
honor, 

JOHN HANCOCK, 

President of Congress, and 

j Delegate from Massachusetts. 

New Hampshire. Josiah Bartlett, William Whipple, 
Matthew Thornton. 

Massachusetts Bay. Samuel Adams, John Adams, Robert 
Treat Paine, Elbridge Gerry. 

Rhode Island, fyc. Stephen Hopkins, William Ellery. 

Connecticut. Roger Sherman, Samuel Huntington, Wil¬ 
liam Williams, Oliver Wolcott. 

New York. William Floyd, Philip Livingston, Francis 
Lewis, Lewis Morris. 

New Jersey. Richard Stockton, John Witherspoon, Fran- 
cis Hopkinson, John Hart, Abraham Clark. 

Pennsylvania. Robert Morris, Benjamin Rush, Benjamin 
Franklin, John Morton, George Clymer, James Smith, 
George Taylor, James Wilson, George Ross. 

Delaware. Caesar Rodney, George Read, Thomas 
M‘Kean. 

Maryland. Samuel Chase, William Paca, Thomas Stone, 
Charles Carroll, of Carrollton. 

Virginia. George Wythe, Richard Henry Lee, Thomas 
Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis 
Lightfoot Lee, Carter Braxton. 

North Carolina. William Hooper, Joseph Hewes, John 
Penn. 

South Carolina. Edward Rutledge, Thomas Heyward, 
Jr., Arthur Middleton. 

Georgia. Button Gwinnett, Lyman Hall, George Walton. 

Attest, Charles Thompson, Secretary. 


THE end, 


RECOMMENDATIONS. 


From Rev. J. Elliot , late Principal of Middlebury Academy. 

Middlebury, Oct. 20, 1835. 

I have examined a work, entitled, “ Introduction to the Science of 
Government f fyc., by Andrew W. Young. It appears to be just 
the thing that is wanted by our citizens; and it is to be hoped that 
a copy will find its way into every family; and also that the work 
will be introduced into schools. I shall introduce it into the Acadi- 
emy as soon as practicable. 

JOSEPH ELLIOT. 


From Professor Dewey , Principal of the Rochester High School. [ 

Rochester, May 23, 1836. 

I have given the “Introduction to the Science of Government” a 
cursory examination, and find in it a multitude of topics of great 
interest to all the citizens of our country. Public opinion has re¬ 
quired the study of the general principles of our free institutions 
in our high schools. So far as I can judge from the time I have 
been able to bestow upon the work, it will prove a valuable book 
in the family and in the high school. 

C. DEWEY. 


From the Hon. Charles Humphrey , late Speaker of the Assembly of 
the State of New-York. 

Ithaca, March 7, 1837. 

I have examined, with as mueh care as my other avocations 
would permit, during the short time the work has been in my hands, 
a book entitled , 11 Introduction to the Science of Government , ” SfC .— 
By Andrew W. Young. The author has contrived to condense 
an immense amount of useful and interesting matter into a small 
compass. 

In my opinion, a work of this description has long been a desid¬ 
eratum as a class-book in our ‘•ommon schools. In this country ev¬ 
ery citizen should be acquainted with the machinery of its govern¬ 
ment ; and even if prompted by no higher motive than a laudable 
curiosity, the peculiarities which distinguish the administration of 
the laws of the different states in the union, are interesting subjects 
of inquiry. In this respect, and in relation to the details of our 
own state government, in the language of the author, there are un¬ 
doubtedly “ individuals in almost every family, who will find in 
this book much valuable information to which they have not before 
had access: ” and I will add, to which they cannot have access,un¬ 
less they reside in the vicinity of some of our large public libraries. 
I consider the arrangement judicious, and the matter carefully pre¬ 
pared ; and do not hesitate to express the opinion, that it will be 
found a valuable work, both in our common schools and in family 
libraries. 

CHARLES HUMPHREY. 




















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